Thanks... and yet another question on Harris county

joelmd · #1 04-15-2009, 08:17 PM

I just wanted to give thanks for all the useful posts I have come across since I joined last year. I also have a question maybe someone has insight they can share.

After 4 months one aspect of my brother's legal issues was resolved. Fort Bend has sentenced him to SAFP. This happened about 2 weeks ago. However, since he was already on probation with Harris we are now waiting for the MRP/Harris county aspect to start getting resolved.

My question is, what does it take for Harris county to get this process started. It seems like nothing is getting done since he is still in Ft Bend custody and from what i understand he can't be sent to SAFP until Harris county is resolved. He has been at Ft Bend/Dickens since last decemeber, and at this time currenlty at Ft Bend county.

Obviously nothing happens as fast as we would like but is there some kind of procedure that dictates general timelines? My guess is that once Harris county actually takes custody things will actually get going, even if the court dates are weeks away. I already talked with his old PO from Harris and she said they are aware of his status at fort bend but she did not know what the delay in was in getting him transferred to Harris county.

Thanks in advance for your input.

Joel

Mark2008 · #2 04-16-2009, 01:07 AM

Does he have an attorney for the MRP case? He or his attorney should contact the court that gave him probation and request a speedy hearing. It was my understanding that they have 40 days from the time the warrant is filed to provide a hearing, unless the defense requests a delay. (At least that was the law when I was in custody, could have changed.)

**RobinsMan** · #3 04-16-2009, 07:08 AM

I do not believe that there is any time deadline for MRP. I think that 40 days applies to some prole revocations but not for probation. Mark's advise about the attorney is good. If he isn't represented by an attorney for the MRP then he really should consider it. An attorney can help get things off high center and perhaps with the outcome of the preceeding, as well. Even without an attorney your brother can write a letter to the judge asking for expediancy in handling his case.

Do I have it right that your brother was given SAFP for his 4th DWI? If so then that is very fortunate. If you don't mind me asking, what offense was he on probation for?

joelmd · #4 04-16-2009, 11:56 AM

Yes, he has an attorney. I will pass on the information. And yes he was given SAFEP on his 4th DWI. He was on proabtion for DWI.

I agree, we all believe, including the lawyer, that he was fortunate to receive this setence. I don't know that it makes a diffrence but his DWI's span over 20 years and have never involved any accidents.

Thank you both for the input.

Joel

**RobinsMan** · #5 04-16-2009, 04:24 PM

Maybe the Harris county judge will go with the lead provided by the Ft Bend county judge, even if it goes against his grain. Good luck to your brother.

Robin got three years for her 3rd DWI after probation was revoked and five years each (concurrent) for the 4th, 5th and 6th DWI's that caused the revocation.