Mistaken Identity

What is the name of your state? Texas

My father in law is being held eventhough a judge has already ordered his release and bail has been paid. The police clerk's excuse is that he has the same birthdate as one who is wanted for burglary. No other personal information is similar. They also tried pinning him with other crimes committed by people with no similarities to him. He was picked up for dwi.

Do they have the right to refuse to release someone after the court has ordered the release and bail has been posted? Can they hold someone just because they have the same birthdate as somebody else who committed a crime? Do we have any legal recourse?

Any advice is greatly appreciated.

[I AM ALWAYS LIABLE]

[quote]Originally posted by jvolt
[b]What is the name of your state? Texas



"My father in law is being held eventhough a judge has already ordered his release and bail has been paid.

Any advice is greatly appreciated."


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TOP TEN Ways You Know It's Better That He's In Jail - -

NUMBER 10: Every time he wakes up in a jail cell, he calls IAAL collect.

NUMBER 9: He wonders how the jewelry store's been doing since he's been in jail.

NUMBER 8: You know you've married into a wonderful family when your father-in-law spends the holidays in jail.

NUMBER 7: Will have to trade in his knit cap for a McDonald's hairnet.

NUMBER 6: My wife's going to jail too. Does your wife wanna party?

NUMBER 5: New law: Have the same birth date as other criminals, and you're going to jail for life.

NUMBER 4: Your father-in-law already had the "Your Daddy is going to jail talk" with your wife.

NUMBER 3: Take it easy, dude, he'll be out of jail by the end of December - - - - 2006.

NUMBER 2: At jailhouse parties, he's no longer automatically the biggest loser in the room.

AND NOW, the NUMBER ONE Way You Know It's Better That He's In Jail- -

He doesn't have to choose between dating Siegfried and dating Roy!

IAAL

I know I had asked for any advice. However, what IAAL posted was not an advice but rather a personal attack on not only myself but my family. I came to this site in the hopes of finding out some information so that I may help my family out.

Is there anyone there with any useful advice?

[I AM ALWAYS LIABLE]

[quote]Originally posted by jvolt
[b]


"Is there anyone there with any useful advice?"

===================================

My response:

No. So stop getting your britches in a bunch.

The "Top Ten List" is an honor. Not everyone gets one. It takes lots of time to think this stuff up and, when you think about it, laughter is the best medicine.

So, take it easy. Relax. Nothing's going to happen today with your father-in-law because it's Christmas day. He can exchange gifts with the guards.

IAAL

[HomeGuru]

The numerous cell keys make great sounding "bells" when singing Jingle Bells.

It's Christmas in prison
And the food was real good
We had turkeys and pistols carved out of wood
And I'll dream of her always even though I don't drae aamme
Her name's on my tongue, and her blood's in my stream

Chorus: Wait a while, eternity
oh mother nature's got nuttin' on me
come to me, come to me, come to me now
we're rollin' my sweetheart, we're flowing -- by God

The search light in the big yard swings 'round wid the guns
and spot lights the snow flakes like dust in da sun.
It's Christmas in prison,
there'll be music to nye ight
I'll probably be home sick, I love you, good night.

Chorus: Wait a while......


The Great John Prine

[JETX]

Q1) " Do they have the right to refuse to release someone after the court has ordered the release and bail has been posted?"
A1) Yes. Thought bail may have been posted on THAT charge, he can be held if there are others (or being detained while investigated).

Q2) "Can they hold someone just because they have the same birthdate as somebody else who committed a crime?"
A2) Though somewhat unusual, they can hold him for other crimes if there are similarities, or his identity is confirmed, or the charges are verified by another department.

Q3) "Do we have any legal recourse?"
A3) If they hold him for more than 72 hours HE might have recourse. Talk with an attorney in your area.

Here's something new. Now the DA in Hidalgo County is saying that his fingerprints match those found in a burglary scene that occurred in 1981. They didn't move down her until 1986. He has been there since 12/21.

It's New Years in prison and the food was real good
We had turkeys and pistols carved out of wood.

It's 2005 in prison and the food taste like ****
They served us all dinner with inmate spit.

I'll visit him this next year even though I don't know
if those prints were his -- or my neighbor's left toe.

Wait a while, wifey of mine. I'm running behind you
to visit this time. Come to me, come to me, come to me
now.... we're rolling my sweetheart, we're flowing -- by God


John Prine's still a rock-n-roller.

hmmbrdzz

What is the statute of limitation for burglary?

[JETX]

Depends.
If a charge was made previously and the named suspect was never arrested, there is no statute of limitations.