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TEXAS: Pre-Trial Probation and Interlock for being "CHARGED" with a DWI - not convicted.

 
Intellus
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12/13/2011 07:58 AM
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TEXAS: Pre-Trial Probation and Interlock for being "CHARGED" with a DWI - not convicted.
So,

My buddy and I live in Texas. He had an accident where he alone was injured and he totaled his car. He had two surgeries and then after (2) months in the hospital, and (6) months recovering at his fathers house he receives a call from a bail bondsmen stating that he has a warrant out for his arrest for a DWI.

He pays bond, goes to court, pleas not guilty and is given a month to find an attorney.

The judge, BEFORE he was convicted of a DWI issued that he install an interlock device on his vehicle, and attend pre-trial probation as a condition of the bond. This is easily over $300 in fees.

What happened to innocent until proven guilty? Will he get reimbursed for this? What happened to his rights under the constitution...

This is what's happening now in Texas, to anyone who gets a DWI charge "pending" against them. Discuss.

rant

Last Edited by Skiidz on 12/13/2011 07:59 AM
Anonymous Coward
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12/13/2011 08:00 AM
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Re: TEXAS: Pre-Trial Probation and Interlock for being "CHARGED" with a DWI - not convicted.
Tough shit
Intellus (OP)

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12/13/2011 08:01 AM
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Re: TEXAS: Pre-Trial Probation and Interlock for being "CHARGED" with a DWI - not convicted.
I doubt that would be your statement if it was you in the situation. Is this even just?
Staticsoul

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12/13/2011 08:01 AM
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Re: TEXAS: Pre-Trial Probation and Interlock for being "CHARGED" with a DWI - not convicted.
What happened to innocent until proven guilty? Will he get reimbursed for this? What happened to his rights under the constitution...


rant
 Quoting: Intellus


it never existed look at the history of this country. its one big shame.

native americans
slavery
womens rights
that document is to give you the impression that you have human rights.
when in fact people own you, your body in life and in death.

Last Edited by Staticsoul on 12/13/2011 08:03 AM
Intellus (OP)

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12/13/2011 08:04 AM
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Re: TEXAS: Pre-Trial Probation and Interlock for being "CHARGED" with a DWI - not convicted.
well the thing is it was a condition of the bond

a judge can set whatever conditions he deems necessary to ensure public safety while releasing someone on bond, he could also DENY bond if he sees fit

sucks but that's the way it works

I can see the need for it but also see your point OP about being innocent until you've had a trial
 Quoting: ^TrInItY^




You make a good point. Just seems sort of insane, so if he would have immediately had a lawyer instead of asking for time to come up with $5000 out of nowhere (I'm pretty sure nobody has that kind of money laying around) that wouldn't of happened?
Elsabiades..
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12/13/2011 08:11 AM
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Re: TEXAS: Pre-Trial Probation and Interlock for being "CHARGED" with a DWI - not convicted.
Pre-conviction punishment violates the presumption of innocence and fundamental precept's of a constitutional republic....however, in Texas..I am not suprised in the least...the next NSDAP will begin there....
Anonymous Coward
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12/13/2011 08:12 AM
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Re: TEXAS: Pre-Trial Probation and Interlock for being "CHARGED" with a DWI - not convicted.
I doubt that would be your statement if it was you in the situation. Is this even just?
 Quoting: Intellus


Obviously not, but you live in Texas.
***DRAGOON***

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12/13/2011 08:23 AM
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Re: TEXAS: Pre-Trial Probation and Interlock for being "CHARGED" with a DWI - not convicted.
So,

My buddy and I live in Texas. He had an accident where he alone was injured and he totaled his car. He had two surgeries and then after (2) months in the hospital, and (6) months recovering at his fathers house he receives a call from a bail bondsmen stating that he has a warrant out for his arrest for a DWI.

He pays bond, goes to court, pleas not guilty and is given a month to find an attorney.

The judge, BEFORE he was convicted of a DWI issued that he install an interlock device on his vehicle, and attend pre-trial probation as a condition of the bond. This is easily over $300 in fees.

What happened to innocent until proven guilty? Will he get reimbursed for this? What happened to his rights under the constitution...

This is what's happening now in Texas, to anyone who gets a DWI charge "pending" against them. Discuss.

rant
 Quoting: Intellus


That was not your buddies first DWI or run in with the law, he has priors.

Last Edited by ***DRAGOON*** on 12/13/2011 08:23 AM
Intellus (OP)

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12/13/2011 08:33 AM
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Re: TEXAS: Pre-Trial Probation and Interlock for being "CHARGED" with a DWI - not convicted.
He had a prior conviction for credit card fraud. Not a DWI, and he finished the punishment without error and had it expunged from his record.

How could that possibly comply?

Last Edited by Skiidz on 12/13/2011 08:33 AM
1945suicide

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12/13/2011 08:48 AM
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Re: TEXAS: Pre-Trial Probation and Interlock for being "CHARGED" with a DWI - not convicted.
It doesn't matter if there is a prior or not. Have your buddy prepared for ignition interlock, monitoring fees, license suspension, occupational license fees, and if he decides not to drive, there is a solution to that too...its called a take home interlock kit. As my lawyer and therapist always said, its a booming business!
Intellus (OP)

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12/13/2011 08:55 AM
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Re: TEXAS: Pre-Trial Probation and Interlock for being "CHARGED" with a DWI - not convicted.
It bothers me how so many people can be sarcastic about this and not realistic at how quickly are rights are being jeopardized.
1945suicide

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12/13/2011 09:11 AM
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Re: TEXAS: Pre-Trial Probation and Interlock for being "CHARGED" with a DWI - not convicted.
Sarcasm stems from the stigma of drinking and driving. You got behind the wheel and could have killed someone. No matter how you try to convince the public, you will be labeled a bad person. But I agree, the pretrial phase is scary. Best thing to do for your friend is to hire a good lawyer, and get out of pretrial. Go to probation, and get on with your life. Your friend shouldn't go to jail, and besides you are worth more out of jail than being in jail.
Intellus (OP)

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12/13/2011 09:17 AM
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Re: TEXAS: Pre-Trial Probation and Interlock for being "CHARGED" with a DWI - not convicted.
One would hope, Lol

sockpuppet
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12/13/2011 09:22 AM
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Re: TEXAS: Pre-Trial Probation and Interlock for being "CHARGED" with a DWI - not convicted.
Billboards all over the state, tell you how much its gonna cost if you get a DWI in Texas. about 18K.

Shouldnt drive drunk, the state has the worst drunk driving problem in the country.
Anonymous Coward
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12/13/2011 09:46 AM
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Re: TEXAS: Pre-Trial Probation and Interlock for being "CHARGED" with a DWI - not convicted.
So,

My buddy and I live in Texas. He had an accident where he alone was injured and he totaled his car. He had two surgeries and then after (2) months in the hospital, and (6) months recovering at his fathers house he receives a call from a bail bondsmen stating that he has a warrant out for his arrest for a DWI.

He pays bond, goes to court, pleas not guilty and is given a month to find an attorney.

The judge, BEFORE he was convicted of a DWI issued that he install an interlock device on his vehicle, and attend pre-trial probation as a condition of the bond. This is easily over $300 in fees.

What happened to innocent until proven guilty? Will he get reimbursed for this? What happened to his rights under the constitution...

This is what's happening now in Texas, to anyone who gets a DWI charge "pending" against them. Discuss.

rant
 Quoting: Intellus


That was not your buddies first DWI or run in with the law, he has priors.
 Quoting: ***DRAGOON***


It wasn't his first dwi arrest and that's for sure. He's on his 3rd or more and he could have always refused the condition sheet and stayed in jail until his trial. Bond conditions are only necessary if you choose to bond out of jail.
Anonymous Coward
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12/13/2011 09:50 AM
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Re: TEXAS: Pre-Trial Probation and Interlock for being "CHARGED" with a DWI - not convicted.
He had a prior conviction for credit card fraud. Not a DWI, and he finished the punishment without error and had it expunged from his record.

How could that possibly comply?
 Quoting: Intellus


I call bullshit. He may have a prior credit card conviction but this is either not his first dwi arrest or he has another felony drug charge conviction. Interlock as a condition of bond does not happen if it's your first DUI arrest. I work in the legal profession and attend jail docket and magistrate twice a week at a county in Texas.
714

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12/13/2011 11:50 AM
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Re: TEXAS: Pre-Trial Probation and Interlock for being "CHARGED" with a DWI - not convicted.
some of you guys are speaking as if you are experts. i live in texas and i know for a fact that first dwi while on pretrial will get you ignition interlock.

refuse a breathalyzer, mandatory blood draw.

refuse the blood draw automatic suspension of license.

after conviction just to top it off you get a nice surcharge to keep your license in the amount of a thousand dollars a year for three years.


and seeing as how an accident resulted in a car being totaled and the buddy requiring surgery i've no doubt the judge imposed such conditions as part of the bail.

Last Edited by 714 on 12/13/2011 12:02 PM
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Lost in Houston
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10/19/2013 02:06 AM
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Re: TEXAS: Pre-Trial Probation and Interlock for being "CHARGED" with a DWI - not convicted.
Gas Station parked. Tow Truck Driver (same who towed my car) called HP and told them he seen me swerve. 6 drinks 6 hours dinner 220 lbs. Bought Gatorade filled my car up with gas and was swarmed by HP. Sobriety, denied me a breathalyzer and forced me to give blood although I asked fpor an attorney and a phone call. Also denied me to get blood drawn from private. Cop said he saw me swerve and he did not smell alcohol because his nose was stuffed up.
No phone call. 36 hours in County. Lucky to get out.
Bond $500 Smart Start $75 a month $10k lawyer
What happens when I am found innocent?pigchef
Beleaguered
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10/19/2013 02:28 AM
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Re: TEXAS: Pre-Trial Probation and Interlock for being "CHARGED" with a DWI - not convicted.
So,

My buddy and I live in Texas. He had an accident where he alone was injured and he totaled his car. He had two surgeries and then after (2) months in the hospital, and (6) months recovering at his fathers house he receives a call from a bail bondsmen stating that he has a warrant out for his arrest for a DWI.

He pays bond, goes to court, pleas not guilty and is given a month to find an attorney.

The judge, BEFORE he was convicted of a DWI issued that he install an interlock device on his vehicle, and attend pre-trial probation as a condition of the bond. This is easily over $300 in fees.

What happened to innocent until proven guilty? Will he get reimbursed for this? What happened to his rights under the constitution...

This is what's happening now in Texas, to anyone who gets a DWI charge "pending" against them. Discuss.

rant
 Quoting: Intellus


I know first hand how a pre trial intervention works. I hate to say this but you're story is full of flaws. First you're granted pre trial intervention before being guilty and after you complete a years worth of bs it's dismissed. Secondly I don't know the county in question but in Harris you're not eligible for a PTI if you have any priors..... Even prior misdemeanor DISMISSALS. As far as innocent till proven guilty..well you can't plead guilty only to have it dismissed after completing a PTI? Get it?
Anonymous Coward
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10/19/2013 02:57 AM
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Re: TEXAS: Pre-Trial Probation and Interlock for being "CHARGED" with a DWI - not convicted.
Gas Station parked. Tow Truck Driver (same who towed my car) called HP and told them he seen me swerve. 6 drinks 6 hours dinner 220 lbs. Bought Gatorade filled my car up with gas and was swarmed by HP. Sobriety, denied me a breathalyzer and forced me to give blood although I asked fpor an attorney and a phone call. Also denied me to get blood drawn from private. Cop said he saw me swerve and he did not smell alcohol because his nose was stuffed up.
No phone call. 36 hours in County. Lucky to get out.
Bond $500 Smart Start $75 a month $10k lawyer
What happens when I am found innocent?pigchef
 Quoting: Lost in Houston 48579512


most likely NOTHIN beyond getting rid of smart start.

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