Under House Arrest and Cannot Marry?

The Dallas News online reports:

Mr. Chabot was arrested after prosecutors alleged that he had violated terms of his release. At a bond revocation hearing, Dallas County First Assistant District Attorney Terri Moore told the court that Mr. Chabot, 49, has been leaving his home for purposes other than visiting a hospital — the only reason he can leave his Cedar Hill house while out on bond.

Prosecutors also say that a sexual relationship between Mr. Chabot and his sister-in-law’s daughter may violate terms of his release. Under a court ruling, the woman is one of Mr. Chabot’s live-in chaperones. Ms. Moore said she doesn’t believe the court intended for Mr. Chabot to be permitted a live-in girlfriend, wife or spouse while out on bond.

If it is true that Mr. Chabot was going to a location other than one he was allowed as a condition of his bond, I can understand him being re-arrested.  However, I am having a very difficult time grappling with the concept of his sexual relationship having any concern about the conditions of his bond, as pointed out by the prosecutor, Ms. Moore.

I do not believe that any court can take away that 'fundamental right' to marry.  Without seeing the actual bond, my statements here are more hypothetical than anything else.  Sure, there could be limitations on contact, but if a person who is of legal age comes to him and Chabot is not violating the house arrest by leaving the premises, who he has sex with is his own business, especially if they are now contractually obligated and bear the headings of husband and wife.... Further, aren't marriages generally consummated?

One other thought, this story reminded me of one of my former client's cases where a condition of probation was going to be no contact with a given person, whom he had been dating for several months... the simple solution to that:  GET MARRIED!  It's not like being married really means, 'til death do us part...

Bottom line, if the man was not causing any harm, his first trial was overturned and he may be subjected to a second one, it surely sounds as though the case is one that has some problems.  Unless the facts I have are incorrect, someone else has been convicted of the murder.  My primary concern with this is that people do not realize how many rights they are giving up on a daily basis by being apathetic to matters like this ....

Jailed after a Bond is Posted.... for 11 hours!?!

So one of my clients called me a few days ago, and he was very angry!  He wanted to know what he could do about his weekend in jail.  After consulting with him about the case and explaining to him what his rights and options were on the original charge, I was amazed to learn that he remained in custody, locked-up with everyone else for approximately 11 hours AFTER HIS BOND WAS POSTED AND ACCEPTED!  

I would have had a more difficult time believing this had I not been the one who ensured the bond was posted.  I even made the initial payment, because this client is a close personal friend of mine.

So, I started digging through Texas law, both statutory and case law, to determine if there was anything that would provide guidance on how long the Sheriff could keep someone in jail AFTER a bond was posted.  I was surprised to learn that there is not.  In fact, I have still not found anything but am continuing to research this issue.  So, if you know the answer to this question or have similar stories, I would love to hear from you.

If there is not a limit, this is really something that the legislature should consider.  Whether it rises to the level of "cruel and unusual punishment" as contemplated by the US Constitution, I have not decided that as of now, but I am betting that the media would be interested to know more about this circumstance.

Oh ya, one other point about this matter... the person kept in jail was there for a first offense Driving While Intoxicated (DWI) charge... his bond, $1000.00.  So, as you can imagine, this is not a major case that should warrant an additional 11 hours in jail after your bond is posted.