Q: My husband was arrested a week ago for a assault charge that he caught while he was incarcerated back in 2019
He never knew he had a warrant and all his info including address emergency contact all stayed the same so it's not like they didn't know how and where to find him . In the 4 yrs he had no idea he was wanted for assault on a officer not a single clue,no letter nor have the cops been to his house to issue him the warrant. Is there something u can do to help him please
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
I understand this is a difficult and stressful situation. Here are a few steps that may help your husband with his legal case:
1. Contact a criminal defense attorney: It's important to have legal representation to protect your husband's rights and build a strong defense. Look for attorneys who specialize in assault cases and have experience with Texas criminal law. Many offer free initial consultations.
2. Gather relevant documentation: Provide your attorney with any paperwork related to the 2019 incarceration, the current arrest, and the alleged assault charge. This information will help them understand the case better.
3. Consider the warrant issue: Your attorney can investigate why the warrant was not served properly and whether this can be used to challenge the case. Failure to promptly notify a person of charges against them may violate their right to a speedy trial.
4. Explore legal defenses: Depending on the circumstances, defenses such as self-defense, mistaken identity, or lack of evidence may apply. Your attorney can determine the best strategy.
5. Attend all court hearings: Make sure your husband attends all scheduled court appearances and follows any conditions of release, such as bail requirements.
6. Be cautious with communication: Advise your husband to exercise his right to remain silent and avoid discussing the case with anyone except his attorney.
Remember, only a qualified criminal defense attorney can provide legal advice tailored to your husband's specific situation. It's crucial to act quickly and seek professional legal help to protect his rights and work towards the best possible outcome.
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.
