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Legal help too slow in Texas arrest, high court says
Attorney Blog News |
2008/06/24 08:06
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| A man whose life was turned upside-down by a wrongful arrest and weeks in jail should have been given access to a lawyer sooner so he could have shown the arrest was erroneous, the U.S. Supreme Court decided Monday.pThe high court ruled 8-1 in favor of Walter Rothgery. In 2004, three weeks after he arrived from Arizona to take a job managing an RV park in Gillespie County, Rothgery was arrested for carrying a gun as a convicted felon. No lawyer was provided at his first court hearing and his wife used their last $500 for bail./ppThe arrest was based on a mistake in a computer database that showed he was a felon, which left him unable to find a full-time job. By the time he was indicted six months later, he was broke, his bond had tripled and he was sent back to a county jail 100 miles from his home./ppA sympathetic warden helped Rothgery find an attorney to obtain documentation showing he had no felony record. He was released and the weapons charge finally was dropped./ppRothgery sued Gillespie County for violating his constitutional right to counsel. When a federal court and the 5th U.S. Circuit Court of Appeals rejected the case, his attorneys went to the Supreme Court. The ruling Monday returns his lawsuit to the lower courts./ppTexas really is part of America now, Rothgery, 57, told The Associated Press on Monday from Llano, where he works in an equipment rental store. I am fairly pleased. I was trying to keep an even keel. It got harder as we got to the end of June./ppNow I can let it loose. Before I was trying to hold back and try not get my hopes too high./ppRothgery's lawyers argued Texas should provide a defense lawyer for indigent clients once they've made a first appearance before a magistrate, even if no prosecutor was present./p |
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