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STUCK, CANNOT GET OUT OF JAIL IN JAIL, OR BAIL TOO HIGH DURING CORONA VIRUS?

Apr 3, 2020 | Criminal law

If you or a loved one have been arrested or denied bail during this pandemic Contact Mingledorff Law immediately, 281-497-7180.

With the COVID-19 pandemic snowballing, isolation is more important than ever to aid in stopping the spread of this virus. This includes incarceration or government custody of any sort. Detention in a public facility is a risk to your health, and the health of the public.

Mingledorff Law is currently engaging with their Client’s courts through telephone and electronic communication to ensure minimal custody. What this means is if you or someone you care about has ben arrested, we can help get them out of custody as quickly as possible by arguing their safety in court.

The public should also know that Greg Abbott has released an order which affects those arrested and in custody directly. In short, this order dictates that those who cannot afford bail must stay in jail and those previously convicted of violent offenses will be denied outright.

This order is UNCONSTITUTIONAL. (See What to Know About Texas Governor’s Order GA-13 Relating to Bail Policies)

We have the materials and ability to get the bail set at a reasonable amount, or influence a release through a Personal Bond.

Mingledorff Law has prepared materials which argues the unconstitutional nature of any detention denied under executive order GA-13 and also that change in circumstances related to COVID in Harris County and jails generally; that those in custody are particularly vulnerable; that release is safer than detention; and that crisis is inevitable in jail.

We have prepared materials which argues the change in circumstances related to COVID in Harris County and jails generally; that those in custody are particularly vulnerable; that release is safer than detention; and that crisis is inevitable in jail.

With these arguments Mingledorff Law Firm has prepared a written motion that we will file in the court the detained citizen has been assigned. Once this paperwork is filed, we will then be able to request an immediate hearing via telephone or video technology. In our request for hearing we have made it clear to the courts that expediency is of the utmost importance to preserve community health and prevent risk of spread of COVID to whomever was arrested, or even transmission into a jail facility.

This is a matter of safety! This motion and request for hearing can be prepared and filed at a moments notice, do not wait. RING MING 281-497-7180

COVID Bail Policies That Affect Violent Accused Offenders and Those Who Cannot Afford Bail:

On March 29^th, 2020, Texas Governor Greg Abott ordered Executive Order GA-13, relating to detention in county and municipal jails during the COVID-19 disaster. This order essentially suspends the release of detained Texans in county jail if they cannot post bail. This order is especially strict on bail policies related to Texans previously convicted of a violent crime.

Mingledorff Law believes this Order to be unconstitutional and arguing in Court fight for citizen’s rights. We have prepared well-researched motions and are arguing in court to combat the constitutionality of this Order.

This order has consequences that affect Texan’s constitutional rights to speedy trial, effective assistance of Counsel, and due process, right to free travel, and others. In addition, there are public health concerns related to inmate custody.

Abbot’s claims his decision-making is justified through statements made in the order:

“WHEREAS, such releases from county or municipal jails of those charged with, convicted of, or having a history of offenses involving physical violence or threats of physical violence would not only gravely threaten public safety, but would also hinder efforts to cope with the COVID-19 disaster; and

WHEREAS, the Texas Judicial Council has recently reminded judges that individuals who pose a significant risk to the community or the victim, or who present a significant risk of flight, should be detained, and Texas judges are legally required and oath-bound to determine bail on an individualized basis after considering the factors mandated by Article 17 .15 of the Texas Code of Criminal Procedure, which does not include the option of releases based solely on concerns or fears surrounding COVID-19.” (See document Governor of Texas’ Executive Order GA-13 Jails and Bail)

See What to Know About Texas Governor’s Order GA-13 Relating to Bail Policies

Safety Measures Implemented by Harris County Sherriff

Harris County Sherriff’s Office has also released a statement regarding their approach to inmate custody during Coronavirus

“In addition to this guidance, the Sheriff’s Office has provided deputies and jail staff access to Personal Protective Equipment that includes facemasks, eye goggles, gloves, and body suits. Patrol deputies have been given cleaning materials that they are using to disinfect their vehicles any time they are called upon to transport a suspect.

In the jail, cleaning crews have increased the frequency of cleaning operations. In addition, all employees and volunteers entering the jail system are being checked for fever each time they enter the building.

Q: Have there been any confirmed cases of COVID-19 at the Harris County Jail?

A: No

Q: How has COVID-19 impacted jail visitation?

A: Jail visitation has been suspended indefinitely.

Attorney-client interviews and other essential visits are not be affected. In order to assure family and friends are being able to communicate with their love ones, a free calling program has been implemented for our facilities.

Q: What else is being done to limit inmate exposure to COVID-19?

A: New House Medical Screenings are conducted during the booking process. Inmates possibly affected and/or showing symptoms will be separated and quarantined. The inmate will continuously receive medical attention. Inmates scheduled to be released from custody will be released as normal. If they were housed in a quarantined cellblock, they will be advised of the medical conditions and recommended actions to take after release.

Q: What if I have concerns about a friend or loved one in the jail?

A: Additional staff members have been assigned to field calls on the Inmate Care Concern phone line at 281-497-7180, Monday through Friday from 7 a.m. to 5 p.m. Inmate Care Concerns may also be submitted online.” (See Harris County Sherrif’s FAQ’s )

The bottom line is if someone you know or love is newly arrested or stuck in custody, you need to get a lawyer to act on your behalf immediately.

RING MING 281-497-7180

After reading, See also, Stuck, cannot get out of jail in jail, or bail too high during Corona Virus?

RELEVANT LINKS

What to Know About Texas Governor’s Order GA-13 Relating to Bail Policies

Do you have to go to Court during a stay at home order ?

I Have Been Arrested or Denied Bail During COVID-19 Coronavirus Pandemic

What to Know About Texas Governor’s Order GA-08 Related to Preparedness

What to Know About Harris County Stay At Home Order

What to Know About Harris County Courts

Governor of Texas’ Executive Order GA-08 Relating to COVID-19 Preparedness and Mitigation

Governor of Texas’ Executive Order GA-13 Jails and Bail