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.
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  • 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
  • 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.

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