What is the name of your state? Texas
I am honestly at a loss. A family member is currently in custody in a Dallas County Jail. He has been in custody for 7 weeks now and the case has still not been presented to the Grand Jury. The current hold up is not really a bad thing. The DA has stated that if they are provided a passing polygraph test along with some other documented evidence that the defense attorney has, they will drop the case without it ever getting to a Grand Jury.
Here comes the area of frustration. Due to the accused being in custody a court order was required for a polygraph tester to be able to perform the test in the jail. The attorney got the required court order and gave it to the testing company but the sheriff of Dallas County has refused to allow the tester into the jail to conduct the test.
I am at a loss as to how someone, even a sheriff, can deny access to an inmate when there is a court order, ordering that the test be done. Is there something that can be done to force the sheriff to let the testing company in so that they can complete the test? Both the attorney and the testing company have said that they have never had issues with this procedure until this particular sheriff took office.
Can the sheriff be held in contempt of court for not complying with the court order?
Some further information to help with possible answers - the jail has not been on lock down during this time at all and the inmate has not had any behavior issues that would have him being punished.
Honestly we just want to do what is needed to get this test completed so that he can come home but with the current road block we are at a loss as to what to do.
I am honestly at a loss. A family member is currently in custody in a Dallas County Jail. He has been in custody for 7 weeks now and the case has still not been presented to the Grand Jury. The current hold up is not really a bad thing. The DA has stated that if they are provided a passing polygraph test along with some other documented evidence that the defense attorney has, they will drop the case without it ever getting to a Grand Jury.
Here comes the area of frustration. Due to the accused being in custody a court order was required for a polygraph tester to be able to perform the test in the jail. The attorney got the required court order and gave it to the testing company but the sheriff of Dallas County has refused to allow the tester into the jail to conduct the test.
I am at a loss as to how someone, even a sheriff, can deny access to an inmate when there is a court order, ordering that the test be done. Is there something that can be done to force the sheriff to let the testing company in so that they can complete the test? Both the attorney and the testing company have said that they have never had issues with this procedure until this particular sheriff took office.
Can the sheriff be held in contempt of court for not complying with the court order?
Some further information to help with possible answers - the jail has not been on lock down during this time at all and the inmate has not had any behavior issues that would have him being punished.
Honestly we just want to do what is needed to get this test completed so that he can come home but with the current road block we are at a loss as to what to do.