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Criminal Law/Extradition - Texas

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Thank you for your answers you've given so far on the subject.  We have a dilemma here.  A young man I know was arrested this past week by Anderson County on a warrant out of Goliad County Texas.  The charge is aggravated assault with a deadly weapon.  The problem is, he was with my husband and I the whole month of July 2013 (when the incident happened) doing construction work for my husband and was in no way, shape or form involved with this crime.  I cannot even imagine him holding a deadly weapon much less being charged with assault with one.  Floored about the whole deal. Anyway, he said the judge told him they have 10 days to come for him to take him to Goliad County and if not, they will release him.  How can something like this happen?  We don't know what to do to help him.  We're not rich people.  He says to do nothing and let that county come for him on their dime and when he's proven innocent it would be then that he would like help with attorney fees to help him bring a case against Goliad County.  I'm sure you've heard many cases where "I didn't do it" was the grand remark.  Honestly though, this young man did NOT do it.  We even have payroll records we can show the judge showing he was clocked in and working that day, all day and he was staying in our mobile home on property we own looking after the construction site adjoining our property.  My question is this (2 things really)...should we wait to get him an attorney and is it 10 business days they have to come get him or 10 calendar days?  All this up in the air and not knowing the "system" has us pretty flabbergasted and we are very upset that we feel our hands are so tied.  We want to help him prove to them but don't know what steps.  Kindest regards.

Answer
DeeDee,

This is truly a sad incident.  To answer your questions, no you should not wait in retaining an attorney to represent your young friend.  The sooner the better in terms of protecting his rights.  I have never heard about a 10 day rule.  If this man was charged and is being held there is a reasonable time for extradition from one county to another.  If there is good cause on the part of the government it can exceed 10 days.  If you have an alibi for the man charged you need to have it recorded by the attorney you retain with all documents and statements from you and your husband.  I hope this helps.  

Jeff  

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Jeffrey Hauck

Expertise

I would welcome the opportunity to answer questions relating to or related to the field of criminal law.

Experience

Criminologist. Professor of Criminal Justice. Licensed Private Detective with expansive clientele base encompassing hundreds of cases. Donates resources and time to the Children's Rescue Network in Orlando, FL.

Education/Credentials
Associate of Science; Bachelor of Arts; Master of Science, Doctor of Jurisprudence Degree.

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