What should I do if my son is charged with a criminal felony? 1 Answers as of July 29, 2011My 17 year old son is being held for aggravated sexual assault of a child. He has been there for 31 days and I have hired a lawyer but my question is two fold. One, did I hire an incompetent lawyer and two, is it legal for the chief of police to keep the probable cause affidavit a secret until court time? My son doesnt know who is accusing him he only knows what he is being accused of.
Cynthia Henley, Lawyer | Cynthia Henley
There is no way to know if you hired a competent lawyer. As far as the charge, he is entitled to know what he is charged with - including the name of the complainant - when he is arrested. He should have been served with a copy of the charging instrument. It should be on file with the district clerk's office for the county. The probably cause affidavit should be in the clerk's file. Your lawyer should be raising holy hell about getting this information immediately.
Answer Applies to: Texas