Legal Process For Trial

Summary

In Texas, defendants must be tried within 70 days of arrest or indictment. Violating bond conditions, such as testing positive for alcohol, can lead to increased bond amounts and extended jail time. Legal aid services may offer free or low-cost assistance if private attorneys are unaffordable. Contacting the court clerk or local bar association can provide updates on the case.

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MY BOYFRIEND GOT ARRESTED IN MARCH FOR LESS THEN A GRAM SUSBTANCE CONTROL AND UNLAWFUL CARRY WEAPON, * MONTHS LATER THEY ARRESTED HIM FEDERALLY FOR INTENT TO SALE. BEFORE ANY OF THIS HE HAS NEVER BEEN IN TROUBLE. SECOND WEEK OF JULY HIS PROHBATION OFFICER TOLD HIM HE HAD A WARRANT OUT BECAUSE ON ONE OF HIS DRUG TEST THERE WAS FAINT TRACES OF ALOCHOL AND THAT BREAKS BOND. THEY HAVE NOW DOUBLED HIS BOND AND HE IS CURRENTLY SITTING IN JAIL. THERE IS NO COURT DATE SET. HOW LONG CAN HE SIT THERE BEFORE THEY GIVE HIM A TRIAL?
What state is your boyfriend currently in? This will help me provide more accurate information regarding his legal situation.
TEXAS
What county in Texas is your boyfriend currently being held in? This will help me provide more accurate information regarding his legal situation.
SMITH COUNTY
What is the exact charge your boyfriend is facing federally? This will help me provide more accurate information regarding his legal situation.
INTENT TO SELL
What is the substance he is accused of intending to sell? This will help me provide more accurate information regarding his legal situation.
methamphetamine
What is the amount of methamphetamine he is accused of intending to sell?
LESS THEN * GRAMS. THEY WERE INVESTIGTING HIM AND HE SOLD TO AN INFORMANT.
What is the name of your boyfriend's attorney? This will help me provide more accurate information regarding his legal situation.
STATE IS DON DAVISON AND FEDERAL IS JON HYATT. BOTH WERE APPOINTED
What is the current status of your boyfriend's case with both attorneys?
NO CLUE. CANT GET EITHER ONE TO LET ME KNOW ANYTHING. THE FEDERAL LAWYER HASENT CONTACTED ME OR MY BOYFRIEND SINCE HE WAS RELEASED FEDERALLY IN MAY. THE STATE LWAYER CAME TO SEE HIM * DAYS AFTER HE WENT TO JAIL BUT I HAVE TRIED CALLING SEVERAL TIMES AND I GET NOTHING
Have you tried reaching out to the local bar association or the court clerk for assistance in contacting your boyfriend's attorneys?
NO I HAVE NOT. I DIDNT KNOW THE EXT STEP
Have you considered hiring a private attorney who might be more responsive and proactive in your boyfriend's case?
YES, BUT WE JUST DONT REALLY HAVE THE MONEY RIGHT NOW
Have you looked into legal aid services in your area? They often provide free or low-cost legal assistance to those who can't afford a private attorney.
I HAVE NOT. I WILL LOOK INTO THAT
What is the current bond amount for your boyfriend's case? This information will help me provide more accurate advice.
HIS BOND IS *,*. THEY DOUBLED THE UNLAWFUL CARRY WEAPON TO *,*
What is the reason given for doubling the bond for the unlawful carry weapon charge?
BREAKING HIS BOND AGREEMENT
What was the specific condition of the bond agreement that he allegedly violated?
HE DRANK ALOCHOL, ON ONE OF THE TEST THEY FOUND FAINT TRACES OF ALOCHOL
What is the maximum period your boyfriend has been told he could wait for a trial date?
HE HAS NOT BEEN TOLD ANYTHING. WE LITERALLY HAVE NO INFORMATION ON ANYTHING.
What is the name of the court where your boyfriend's case is being handled? This will help me provide more accurate information regarding his legal situation.
POSSESSION OF SUBSTANCE IS THE 241ST COURT. FOR THE UNLAWFUL CARRY ITS SMITH COUNTY COURT
What is the name of the judge presiding over your boyfriend's case in both the 241st court and Smith County court?
I DO NOT KNOW
What is the name of your boyfriend's probation officer?
RICKY SIMPSON
What is the exact substance that was found in your boyfriend's system that led to the violation of his bond agreement?
ALCOHOL
What is the exact amount of alcohol found in your boyfriend's system?
THE LAWYER JUST SAID FAINT TRACES WERE FOUND. NO AMOUNT WAS GIVEN
What is the maximum sentence for the charges your boyfriend is facing in Texas?
*-* YEARS
What is the name of the federal court where your boyfriend's case is being handled?
William M. Steger Federal COURTHOUSE
What is the maximum sentence for the federal charges your boyfriend is facing?
* YEARS
What is the name of the judge presiding over your boyfriend's case in the William M. Steger Federal Courthouse?
DO NOT KNOW
What is the name of the prosecutor handling your boyfriend's case?
ROBERT AUSTIN WELLS
What is the current status of your boyfriend's case with prosecutor Robert Austin Wells?
NOTHING. LAWYER WONT CONTACT US. MY BOYFRIEND IS WAITING ON A PLEA DEAL BUT NOTHING HAS BEEN TOLD. A COURT DATE HAS NOT BE SET
Have you tried contacting the court clerk at the William M. Steger Federal Courthouse or the 241st court in Smith County for updates on your boyfriend's case?
YES AND THEY DONT HAVE ANY. ALSO, THERE ARE CORRECTION OFFICERS THAT CHECK FOR HIM DAILY AND NOTHING YET
What is the name of the correctional facility where your boyfriend is currently being held?
SMITH COUNTY LOW RISK
What is the exact date of your boyfriend's arrest?
HIS ORIGINAL ARREST WAS MARCH * FOR STATE. FEDERAL WAS APRIL *. AND THE MOST RECENT WHEN HE TURNED HIMSELF IN IS JULY *
What is the status of your boyfriend's probation? Is it related to the current charges or a separate issue?
CURRENT CHARGES. NOT SURE. HE WAS ON PRE TRIAL PROHBATION BEFORE HE HAD AN WARRANT
What were the terms of his pre-trial probation?
HAD TO TAKE RANDOM DRUG TEST (HE WAS TAKING * A WEEK) GO TO COUNSELING, AND TO PASS DRUG TEST.
What type of counseling was he required to attend as part of his pre-trial probation?
HE WENT ONCE A MONTH SO SEE A COUNSELOR THAT WAS PART OF THE FEDS. HE WAS GOING FOR HIS DRUG PROBLEMS
What was the name of the federal counseling program he was attending?
Bailiff Counseling & Associates
What is the current status of your boyfriend's counseling program with Bailiff Counseling & Associates?
HE WENT THE DAY HE TURNED HIMSELF IN, SNCE THEN HE HAS NOT SEEN COUNSELOR
Has your boyfriend been able to continue his counseling sessions while in jail?
NO
What is the name of the judge presiding over your boyfriend's case in both the 241st court and Smith County court?
IM NOT SURE
What is the name of the prosecutor handling your boyfriend's case in the 241st court and Smith County court?
I DO NOT KNOW. HE DOEESNT HAVE THIS INFO
What is the name of the judge presiding over your boyfriend's case in the William M. Steger Federal Courthouse?
NOT SURE
What is the name of the judge presiding over your boyfriend's case in the 241st court and Smith County court?
I DONT KNOW
What is the name of the prosecutor handling your boyfriend's case in the William M. Steger Federal Courthouse?
ROBERT AUSTIN WELLS
What is the status of your boyfriend's plea deal with prosecutor Robert Austin Wells?
STILL WAITING ON PLEA DEAL
Has your boyfriend's attorney filed a "speedy trial" motion to expedite the trial process?
WE ASKED FOR ONE, BUT SO FAR NOTHING
What is the exact date when you requested for a "speedy trial" motion?
*/*/*
What is the current status of the "speedy trial" motion that you requested?
WE HAVE NO STATUS
What is the name of the judge presiding over your boyfriend's case in both the 241st court and Smith County court?
DONT KNOW
What is the exact charge for the unlawful carry weapon?
UNL CARRYING WEAPON
What type of weapon was your boyfriend carrying unlawfully?
A GUN. HE WAS TOLD THAT BECAUSE THEY FOUND A SUBSTANCE IN HIS TRUCK IT MAKES IT ILLEGALL FOR HIM TO HAVE A GUN
What type of gun was your boyfriend carrying and was it registered to him?
* MM AND NO IT WAS NOT REGISTERED TO HIM
What are the penalties for unlawful carrying of a weapon in Texas?

- Class A misdemeanor: Up to 1 year in jail, fine up to $*,*
- 3rd degree felony: *-10 years in prison, fine up to $*,*

Smith County Court: * N Broadway Ave, Tyler, TX *, +* *-*-*
* YEAR IN JAIL
What is the status of your boyfriend's bond? Has he been able to post it or is he still in jail because of it?

In Texas, the Speedy Trial Act generally requires that a defendant's trial start within 70 days of their arrest or indictment, whichever is later.
HE POSTED BOND ON MARCH 3RD WHICH WAS * TO GET HIM OUT, BUT SINCE HE WENT AGAINT PRE TRIAL THEY HAVE DOUBLED HIS BOND FOR THE GUN
What is the exact reason given for doubling the bond? In Texas, bond can be increased if conditions of the bond are violated or if there's a risk of the defendant fleeing.
BOND WAS VIOLATED DUE TO ALCOHOL BEING FOUND ON DRUG TEST
What is the exact amount of the new bond set after the violation?
*,*
What is the exact date when the bond was doubled?
JULY *,*
What is the exact date when the alcohol was detected in his system?
MAY *,*
What is the exact date when your boyfriend was informed about the violation of his bond conditions due to the detection of alcohol in his system?
JULY *,*, HE IMMEDIATLY TURNED HIMSELF IN
What is the status of your boyfriend's federal case for intent to sell methamphetamine?
NO STATUS. JUST WAITING FOR PLEA DEAL OR COURT DATE
What is the maximum sentence for the federal charge of intent to sell methamphetamine in Texas?
*-* YEARS
What is the maximum amount of time that has passed between your boyfriend's arrest and his initial court appearance?
HE HAS NOT GONE TO COURT YET. SO FAR ITS BEEN AMOST * MONTHS
What is the maximum amount of time that the court has told you they can hold your boyfriend without a trial?
THEY HAVE NOT SAID
What is the maximum amount of time your boyfriend has been in custody without a trial date being set?
ALMOST * MONTHS
What is the maximum sentence for the state charge of possession of a controlled substance in Texas?
180 days to 2 years in a state jail and/or a fine of not more than $*,*
What is the exact substance your boyfriend was found in possession of?

In Texas, possession of less than * gram of a controlled substance is a state jail felony punishable by 180 days to 2 years in jail and/or a fine up to $*,*.
METH
What is the exact amount of methamphetamine your boyfriend was found in possession of?
.* GRAMS AND THEY FOUND * HYDROCODINE * MG
What is the maximum sentence for possession of Hydrocodone in Texas?
180 days to 2 years in a state jail and/or a fine of not more than $*,*
What is the status of your boyfriend's case with the state attorney, Don Davison?

In Texas, possession of less than * gram of a controlled substance is a state jail felony punishable by:
- 180 days to 2 years in jail
- A fine up to $*,*

Smith County Court: * N Broadway Ave, Tyler, TX *, +* *-*-*
NO STATUS YET. WAITING ON A TRIAL DATE.
What is the status of your boyfriend's case with the federal attorney, Jon Hyatt?
NO STATU YET. WAITING ON TRIAL OR PLEA DEAL
What is the maximum time that has passed between your boyfriend's arrest and his initial court appearance?
* MONTHS
What is the maximum sentence for the federal charge of intent to sell less than * grams of methamphetamine?

- Federal law stipulates a minimum of 5 years and a maximum of 40 years for the intent to distribute methamphetamine.
- William M. Steger Federal Building and United States Courthouse: * W Ferguson St, Tyler, TX *, +* *-*-*.
prison sentence of five years in prison,
What is the status of your boyfriend's plea deal with prosecutor Robert Austin Wells?
STILL WAITING
What is the status of your boyfriend's pre-trial probation?
HE BROKE PRE-TRIAL PROBAHATION
What were the specific conditions of his pre-trial probation that he violated?