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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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  #1  
Old 04-25-2007, 04:43 PM
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Join Date: Apr 2007
Location: Texas
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Question

A Right to "Due Process"


What is the name of your state? Texas
My son was arrested in Irving Texas in early February for making an illegal turn. They found marijuana in his possession and he was arrested. I paid a $500 bond and he had a court date set. When he went to court, he was told that the Irving police had not filed with Dallas county so they rescheduled a court date for him and sent him home. He has since taken off of school and driven to downtown Dallas 3 more times for different dates and it still has not been filed. Most recently, they told him to just call every two weeks. Does anyone know if this is common? Shouldn't a citizen have a right to "due process" or am I just crazy? Please let me know your thoughts.What is the name of your state?
  #2  
Old 04-25-2007, 04:52 PM
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The state probably has a year to file charges. There may be some statutory requirements for the time to charge after arrest if the person is still in custody, but they are not as important if the person is not in jail. Generally, you shouldn't be in a rush to have charges filed. "Due Process" is not yet implicated.
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  #3  
Old 04-25-2007, 05:00 PM
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Q: Shouldn't a citizen have a right to "due process"?

A: Yes; and your son's due process rights have not been violated for many reasons, the main one being that nothing has been filed against him.
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  #4  
Old 04-26-2007, 10:43 AM
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Location: Texas
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Thank You


To both of you**************...that makes sense.
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