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  1. #1
    Join Date
    May 2008
    Posts
    3

    Default Former Deputy Sheriff Fighting False Charges And Waiting Over 180 Days

    My question involves criminal law for the state of: Texas
    I was charged with a , felony offense on November 5th, 2007. However here I am waiting over 180 days and the case has not even gone before a grand jury. I took and passed an extensive polygraph also. I thought the time frame was 180 days to present a case before the grand jury. Guess I was wrong.

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Former Deputy Sheriff Fighting False Charges And Waiting Over 180 Days

    What is your question, exactly?

    In Texas, those accused of a felony are expected - with some exceptions - to go to trial within 180 days.

    You should check with your lawyer to see if your case is one of those exceptions.

  3. #3
    Join Date
    May 2008
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    3

    Default Re: Former Deputy Sheriff Fighting False Charges And Waiting Over 180 Days

    I wanted to know how long they could keep this over my head before dropping the charges.. It has been since November 5th, 2007 and still no grand jury...My attorney was gung ho at first and then come to find out he knows the DA and is
    best friends with his sister..For all these months I call and he never returns my calls and I only get second hand info days later from his assistant after I call and call. I took a polygraph after they said they might drop the charges if I took one on my own dime and tester of choice. I passed the test two months ago and got the run around till I called today and his assistant said the DA wants another test from someone they know. I just do not have the money to do it again. Noone wants to hire a former deputy with pending charges...It has been rough.. I have a family and all and cannot even pay my bills..I dont know at this point if I should just fire this attorney and do this on my own or what.... I was accused of pointing my weapon at a couple as we drove down the road in my POV and in uniform in route to work.. these people made the report a day after they alleged it happened and well its BS but I am stuck in a rut now.. I cannot pay another retainer for an attorney as I am in a struggle to feed and clothe my three kids and wife. Should I fire this attorney? It seems as if he is just to close to the DA and working against me instead of defending me.

  4. #4
    Join Date
    Jan 2008
    Posts
    1,948

    Default Re: Former Deputy Sheriff Fighting False Charges And Waiting Over 180 Days

    I certainly would not this attorney on my case.
    Can't you get legal assistance free of charge from your union?

  5. #5
    Join Date
    May 2008
    Posts
    3

    Default Re: Former Deputy Sheriff Fighting False Charges And Waiting Over 180 Days

    We do not have a union. The dept was only a six man agency...That really makes it hard. I think I am going to fire my lawyer and just let things take its course. If they arrested my in November of 2007 and then offered a deal a week later. Then asked for a polygraph months later..I took and passed..still no decision and they did not take it to the grand jury.. then they ask for another polygraph.. If they had anything on me they would have taken if before the grand jury.. Well that is my hope to get me thru the day every day.

  6. #6
    Join Date
    Aug 2007
    Location
    Texas/Tejas
    Posts
    1,879

    Default Re: Former Deputy Sheriff Fighting False Charges And Waiting Over 180 Days

    Quote Quoting LawResearcherMissy
    View Post
    What is your question, exactly?

    In Texas, those accused of a felony are expected - with some exceptions - to go to trial within 180 days.

    You should check with your lawyer to see if your case is one of those exceptions.
    Thats a myth. I've seen criminal cases go through the system for YEARS.

  7. #7
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Former Deputy Sheriff Fighting False Charges And Waiting Over 180 Days

    As we have discussed in a lot of threads, even when exceptions do not apply on the face of a statute, speedy trial rights may be waived. The consequences of a violation can also affect the significance of a violation. For example, if your remedy is a dismissal without prejudice (and being immediately recharged) there may not be much to be gained in pursuing the dismissal.

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