Katy, TX asked in Criminal Law, Family Law and Civil Rights for Texas

Q: My husband was cleared by CPS for the charges he is sitting in jail for, shouldn't his attorney have gotten him out?

Nasty custody battle long story short- ex husband started rumors about new husband, told police and they never investigated,they just put warrants out and arrested him. CPS sent me the ruling that HE IS INNOCENT and went to the jail to apologise to him. He has been in county for 16 MONTHS for crimes he didn't commit, Why are the charges still showing, the ruling was weeks ago. What should I tell his public defender to file to get him out? Please Help!

2 Lawyer Answers
John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Criminal Law Lawyer
  • Houston, TX

A: If he has been in jail for over 90 days and the DA has not obtained an Indictment against your husband, then he could get released with a Writ of Habeas Corpus.

You shouold find out if he was indicted. If he has, then you need to understand that if Indicted, CPS has NO control over the criminal prosecution. That is the province of the DA. Only the DA or the Court can dismiss the charges if they have properly been filed.

It soounds like you need to try to get a private attorney to get something done ASAP.

Good Luck!

Sharita Blacknall
Sharita Blacknall
Answered
  • Plano, TX
  • Licensed in Texas

A: CPS cases and criminal cases are 2 different systems. They have different standards and are trying to do different things. However, you can provide the cps disposition to your husband's attorney to provide to the prosecutor to request dismissal of the criminal charges. But, the prosecutor does not have to dismiss their case just because cps dismissed theirs.

If you are not able to resolve the issue soon with the current attorney you may want to consider hiring an attorney and bonding your husband out of jail if he is eligible.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.