Asked 8/10/2016 – El Paso, TX

In May 2016 I was stopped and detained by the sheriff’s department for public intoxication, although no field sobriety test or blood tests were ever conducted. In jail, I went to see a judge and pled not guilty, I spent three days in jail and bailed out through a local bail bond company to avoid missing work. I am still awaiting a set court date. I’ve never had to wait this long for one before. And do you believe there is a chance I could sue the Sheriff’s Department?

Answer

Public Intoxication is a class c misdemeanor and usually in those type of cases, a notice to appear is given when you are released; you generally are not mailed a court date until you appear at the municipal or justice court and enter a plea of not guilty. Contact your bond company and a local attorney. When the bond company posted bond, they may have used a lawyer who has made appearance as attorney of record in your case.