Asked 5/12/2016 – Corpus Christi, TX

My boyfriend was arrested on January 27, 2016 and charged with felony theft. He was originally appointed and attorney then he was removed and a second was appointed. It’s been over 100 days and there has been no indictment. I’ve attempted to contact the appointed attorney on numerous occasions requesting he motion the court to release the defendant on his ow recognizance due to delay as per TX Code of Crum Procedure 17.151. I KNOW he is a busy man and I’m certain that is why he’s been unable to return my calls or act on my request. He hasn’t even had time to visit my boyfriend in jail to date. The previous attorney motioned for a reduction on bail in February and it was granted. I am unable to pay even the reduced bail. I understand this rule applies as long as the charge remains unindicted .

Answer

If your boyfriend has an attorney of record, all motions must be filed by his office. I do not know what this attorney’s schedule is like, so I cannot comment on the lack of communication but do not rely solely on leaving a p[hone message with his office. First, make sure boyfriend has given the attorney authority permission to discuss the case with you. Once that is done, again, don’t just leave a message. Send an email detailing your questions. Schedule an appointment with his office. Finally, if you are not satisfied with the representation, you may want to consider spending your money on retaining an attorney instead of posting a bond.