Q: What happens after an indictment for burglary in TX without documentation?
I was indicted for burglary of a building in Texas but have received no documentation or information about the incident. I found out about the indictment during my arrest. After posting bond and spending 4 days in jail, I had my arraignment there and was told my next court date is on February 3rd. I have received no legal advice or guidance from my court-appointed lawyer, and I'm making payments on my bond, which is nearly paid off. Do I need a lawyer to file a motion for discovery on my behalf? What should I expect at the upcoming court date, and is there a risk of being sent back to jail or put on probation for a crime I know nothing about?
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A:
Burglary is a serious Felony in TX. If it is NOT a house where people live, the sentence range if found guilty is 180 days - 2 years. There are other factors that can enhance or increase the sentence range.
If you have a lawyer (hired or appointed), they have the obligation to file or request the discovery in your case. That MUST be done in writing. Some judges have short time limits for such a request. The only way you can file anything in your case, is if your lawyer accepts and adopts your filing.
DO NOT take the first offer from the DA. You should try to save-up and get a good attorney. I hope you can keep out of a felony conviction. Good Luck!
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