Asked in Criminal Law for Texas

Q: In texas is there a 90 day psych hold? Can you get by a court appointed Atty during your hold?

My gentleman friend is being held in the Sheriffs holding cell for his 90 psych hold. Can they hold him that long with no representation?

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1 Lawyer Answer
John Cucci Jr.
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Answered
  • Criminal Law Lawyer
  • Houston, TX

A: Texas has laws that will allow a psychological detention (hold) where that person's criminal charges are dismissed. The detainee(patient) is ALWAYS allowed to have his or her attorney. When you are sentenced or placed under government custody or for Mental Health Services, you do not lose your right to an attorney.

If the patient feels that the detention is unlawful they can file with the District Court for a hearing for release. I would need to know exactly when and why your friend was detained to be able to advise further.

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