Criminal court records in collin county
The arrested person will be provided assistance in completing the form. A copy of the form is included in the "Forms" section of this plan. Prompt Appearance Before Magistrate. The law enforcement officer making the arrest and any officer who later has custody of any accused person shall ensure that the person is taken before a magistrate without unnecessary delay, but not later than 48 hours after the person is arrested, for proceedings under Article Transmittal of Request for Appointed Counsel.
If an arrested person requests appointment of counsel and has completed the necessary forms, the magistrate shall transmit or cause to be transmitted to the appointing judge or person s designated by the judges to appoint counsel under Section 1. The forms requesting appointment of counsel shall be transmitted without unnecessary delay, but not later than 24 hours after the person arrested requests appointment of counsel, as stated in Article If a person is identified as suffering from a mental illness or mental defect the magistrate shall transmit or cause to be transmitted to the appointing judge or person s designated by the judges to appoint counsel the forms requesting appointment of counsel and information identifying the person as possibly suffering from a mental illness or mental defect.
The forms requesting appointment of counsel shall be transmitted without unnecessary delay but not later than 24 hours after the person arrested requests appointment of counsel, as stated in Article The magistrate will record the response, and if counsel is requested, the magistrate will provide the arrestee with the appropriate forms for requesting counsel. The magistrate will ensure assistance in completing the forms at the same time. The forms will be transmitted to the appointing authority in the county issuing the warrant within 24 hours of the request being made. Regarding the appointment of counsel, persons arrested in other counties on local warrants must be appointed counsel in the county that issued the warrant within one working day of receipt of the request.
Persons arrested on out-of-county warrants must be appointed counsel in the county of arrest if the person has not been transferred or released to the custody of the county issuing the warrant before the 11th day after the date of arrest. Definitions, as used in this rule:.
Such income shall include: take-home wages and salary gross income earned less any deductions required by law or as a condition of employment ; net self-employment income gross income minus business expenses and any deductions required by law or as a condition of operating the business ; regular payments from a government income maintenance program, alimony, child support, public or private pensions, or annuities; and income from dividends, interest, rents, royalties, or periodic receipts from estates or trusts.
Seasonal or temporary income will be considered on an annualized basis, averaged together with periods for which the accused has no or less income. Eligibility for Appointment. An accused is presumed indigent if any of the following circumstances are present:.
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The accused is currently serving a sentence in a correctional institution, residing in a public mental health facility, or subject to a proceeding in which admission or commitment to a mental health facility is sought. In considering if obtaining private counsel will create a substantial hardship, the appointing authority shall take into account:.
The nature of the criminal charge s ;. Anticipated complexity of the defense;. The estimated cost of obtaining competent private legal representation for the matter s charged;.
Source of income,. Assets and property owned,.
Statistics & Other Data
Outstanding obligations,. Necessary expenses,. The number and ages of dependents, and. Spousal income that is available to the accused.
Factors NOT to be considered in determining indigence:. The resources available to friends or relatives of the accused may not be considered in determining whether the accused is indigent. A defendant shall not be denied the appointment of counsel merely because the person is employed. Other factors that may be considered:. Information gathered for determining indigence, both in the affidavit of indigence or and through oral examination, may not be used for any purpose other than:.
Determining whether the accused is or is not indigent; or. Counsel shall notify the Court if a material change occurs. Release from custody or change of employment status are changes which shall be brought to the attention of the Court within 14 days. If an accused previously determined to be indigent is subsequently determined not to be indigent, appointed counsel shall be compensated under the terms of this Plan for services reasonably rendered. If a court determines that an accused has sufficient financial resources to partially or completely offset the costs of legal services provided, the court may order the defendant to pay said amount as costs of court.
Residency Requirement and Objective Competency Standards. To be eligible to receive appointments in misdemeanor cases, an attorney must maintain membership in a Collin County Bar organization; and. An exception may be granted upon the unanimous approval of the County Court at Law Judges. To be on the list of approved attorneys for misdemeanor appointments, an attorney must meet one of the following criteria:.
Demonstrate competence using other criteria to be approved by the Committee including, but not limited to, years of legal experience, board certification in areas of law other than criminal law, number of civil and jury trials completed, number of hours of criminal law CLE and professional reputation for handling criminal cases. The attorney will not accept court appointments in another county. Six jury trials as lead counsel. The Master List of Attorneys will be created from all eligible and approved attorneys.
The Committee shall meet periodically to review attorney applications. If an application is rejected for placement on the master list, the attorney may reapply after ninety days. The master list shall be posted in the Indigent Defense Office and is a public record. The Collin County Information Technology Department shall be responsible for writing and maintaining the computer software necessary to utilize the master list.
The Indigent Defense Office shall be responsible for updating the master list with changes, additions and deletions provided to the Indigent Defense Coordinator by the Committee. Attorneys shall initially be listed alphabetically on the master list.
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As new attorneys are approved, they shall be placed at the bottom of the list. Mental Health Master List. An attorney who wishes to be included in the MHMC master list of attorneys from which the court appointments are made must submit a written application to the MHMC Attorney Director, a copy of which is included in the "Forms" section of this plan on the website.
Attorneys shall initially be listed alphabetically on the Master list. Annual Renewal of Counsel. An attorney whose name is placed on the master list shall annually complete at least 8 hours of criminal law continuing legal education and shall attach verification of completion of CLE requirements to the initial application or to the application for annual renewal by December 30th. An attorney on the Mental Health list shall annually complete an additional 6 hours of CLE in mental health and shall attach verification of completion of CLE requirements to the initial application or to the application for annual renewal by December 30th.
If an indigent defendant is arrested in another county based on this county's warrant, counsel will be appointed within one working day of this county's receipt of the request for counsel.
If a defendant is arrested in this county based on another county's warrant, counsel will be appointed for the defendant if, on the eleventh day after the arrest, the defendant is still in this county's custody. If a defendant appears without counsel in any adversary judicial proceeding that may result in punishment by confinement, the court may not direct or encourage the defendant to communicate with the attorney representing the State until the court advises the defendant of the right to counsel and the procedure for requesting appointed counsel, and the defendant has been given a reasonable opportunity to request appointed counsel.
The court will rule on all requests for counsel submitted in this manner.
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Duties of Appointed Counsel. Additionally, expunction may be available for situations in which the state filed inappropriate criminal charges against someone based on incorrect information, such as mistaken eyewitness identification or false testimony. Expunction also can be a remedy when a person completes a pre-trial intervention program that results in the dismiss of their criminal charges. A final situation that may qualify for expunction is when someone is arrested, but criminal charges are not pending, and a certain amount of time has passed since the incident.
If an arrest leads to a criminal conviction, a person cannot seek expunction of those arrest records.
Collin County, Texas Public Records Directory
The only exception is for a Class C misdemeanor conviction, which does not disqualify the records from expunction. There is a list of other people whose arrest records are ineligible for expunction, including those who:. Additionally, records related to arrests that ended in a sentence of probation or community supervision do not qualify for expunction.
Even if someone is placed on deferred adjudication for a criminal offense and the charges are dismissed after successful completion of the program, they still are not eligible to seek expunction of those records; only a deferred prosecution would make individuals eligible for expunction.
Although expunction is not available for arrest records that led to a criminal conviction or for records arising out of various other circumstances, a person alternatively may be able to obtain an order of non-disclosure under Tex. However, not everyone who is technically qualified for an order of non-disclosure may receive one. Judges have the authority to issue an order of non-disclosure if they believe doing so would be in the best interest of justice. It is a discretionary exercise of power, not a mandatory one.
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If you wish to improve your future professional and personal prospects, you may want to seek expunction of your arrest records. While this remedy is limited, it can be beneficial for those who qualify for this form of relief. A Collin County expunction lawyer may be able to assist you in determining whether expunction is an available remedy in your situation. Background checks by employers, landlords, and schools are commonplace, and arrest records can cause employers to overlook you in favor of others who have no records of arrests. Call today to learn more.
Collin County Expunction Lawyer.