General Question

rojo's avatar

Can you help me find a place to start with this legal question?

Asked by rojo (24159points) July 26th, 2012

Several years ago a friend of my daughter was arrested for a felony. He was not actually involved in the crime but was present at the scene. He was held overnight then released on bond. He was never charged, never went to court or even had a hearing. The other two involved were charged and went to court and the case was dismissed.
He was 22 at the time.
His record shows the arrest, what it was for and that he spent time in jail. But because he was not charged or brought to court there is no resolution, just this basic info. This is all there when a potential employer does a background check.
Is there any way to get this off his record and if so, where should he start? I have suggested getting a lawyer. Any idea what it would cost to hire and attorney for something like this or even if it is possible to expunge?

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8 Answers

gailcalled's avatar

Lawyers’ fees vary. Here there are several one-man office lawyers who do things like represent you at traffic court, do home closings and rentals and rewrite wills. Their hourly fees are reasonable. Can you ask your friends if they have a user-friendly lawyer?

Adirondackwannabe's avatar

You might see if your area has a legal aid service available. It might be a good starting point.

bkcunningham's avatar

@rojo, did this happen in America? If so, he had to have been charged with something otherwise he wouldn’t have spent a night in jail and paid a bond. You don’t bond out of jail without being charged with a crime.

rojo's avatar

@bkcunningham yes, in the US. Actually, in Texas. Is that the same thing?

I thought the same thing but why no hearing? Why was he not brought to trial like the others? Should he approach the DA in the county and ask? If it has been forgotten or filed away, should he wait 3 more years and hope it has passed the statute of limitations?

bkcunningham's avatar

My first reaction, @rojo, is that it is going to open a can of worms. I have a feeling he may have a bench warrant out on him for failure to appear for the charges. Of course, I have no idea. I would want it cleared up so, if it were me, I would contact the county prosecuting attorney.

jca's avatar

And when he goes to deal with said warrant, if he has one, he should not go without a lawyer present with him.

Judi's avatar

A private investigator might be cheaper and that’s probably who an attorney would hire to handle it.

rojo's avatar

Thanks for responding all.
I looked it up myself and found out that:
a: there was a charge as @bkcunningham had indicated.
b: he spent a little under 16 hrs in jail
c: a surety bond was posted.
d; the bond was “released” approximately 8 months later.
e; the cause number is listed as “on site”. When you access it, it goes to a page with the above info.
f. This info is available only under a “by bond” and cannot be located under the “jail” search. Although he does have another page on this search for a failure to maintain financial responsibility warrant arrest.

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