Austin Jail

Aug 13 2020

Jail Release During the Pandemic

It’s no secret that COVID-19 continues to spread quickly across America, and we don’t see the end in sight. Because of the uncertainty with the number of cases in Texas, mass testing began in May, including many of the jails in Travis County.

If you have a loved one serving time in a Travis County jail, you may be worried and fearful for their health and their life. You are not alone in your concern. The COVID-19 pandemic is tearing through jails and prisons across the country. Inmates are falling ill and dying in disproportionate numbers. As vulnerable members of society, they are still not receiving the testing needed to curb the spread of this deadly virus.

What can you do to protect them? By working with an experienced Travis County criminal defense lawyer, you may be able to get them released from jail during the COVID-19 crisis. But how worried should you be and how bad is the COVID-19 spread among inmates in Travis County?

Dissecting Travis County Jail COVID-19 Numbers

According to the data, the Travis County Jail system only has a handful of positive COVID-19 cases. Is this information correct?

Back in March, we started a conversation about how the Travis County jail system had reported zero cases. We were skeptical of those numbers because no testing was being done. In order to confirm cases, there must be testing. It’s awfully easy to report zero confirmed cases if you rarely test your staff, corrections officers, or inmates. As such, they could proudly declare that there were no Coronavirus cases.

Now, more inmates in Travis County Jails have been tested and to no one’s surprise, more are testing positive for COVID-19. As of June 2020, 333 Travis County inmates had been tested. Of those, 11 tested positive and 44 results are still pending. Three employees in law enforcement, 22 in corrections, and nine in administration also tested positive for COVID-19.

Sadly, only a small portion of inmates, correctional officers, and staff in Travis County jails are actually being tested for COVID-19. So, the real question is, how many inmates and employees who haven’t been tested could have the virus?

COVID-19 Cases Have Spiked in Texas Jails

Without knowing the number of people tested, it’s impossible to truthfully report how many cases of coronavirus there really are. In mid-May mass testing of staff and inmates in Texas jails began so that the state could assess the number of positive cases.

As a whole, the number of COVID-19 cases in the Texas Jail System grew over 38,000% from April to May and that percentage continues to rise.

To date, almost 66,500 inmates and 21,000 employees throughout Texas have been tested. It’s been reported that 6,600 inmates and about 960 staff members have tested positive.

One thing has been clear, inmates and correctional staff are extremely afraid of catching COVID-19. And for good reason. Jail systems in Travis County are designed to house large groups of people as efficiently and affordably as possible. That means they share resources and live in close confinement with each other. There is little possibility of social distancing or quarantining effectively in a jail system. Even healthcare is difficult to come by when an inmate gets sick.

To help facilitate more testing inside the prisons and jails, some states have begun to eliminate medical costs for COVID-19 related testing. Normally, inmates would pay a $2-$5 copay for doctor visits, medications, and testing. In March, Governor Abbott suspended inmate fees for health care services related to COVID-19.

Travis County Jail System

According to a number of defense attorneys, the actual number of testing taking place in the Travis County Jail System is extremely low. So far, testing kits have been hard to obtain. Hospitals, nursing homes, and federal prisons are receiving kits before local jails. This is one reason why actual numbers of COVID-19 cases in Travis County jails are difficult to assess.

Up to 1,600 inmates are housed in the Travis County jail on any given day and only eleven positive cases have been reported.

So far, county officials are praising the precautions that were implemented so early on to prevent the downtown jail and Del Valle correctional complex from becoming hot spots for COVID. Even when being extremely cautious could the Travis County Jail System truly have so few cases? …highly unlikely.

A few defense attorneys pointed out that the actual number of testing that has taken place in the Travis County jail system is quite low. Only 75 inmates have been tested within the facilities, which is only ONE percent of the daily jail population.

Jails VS Prisons Releasing Inmates

There are more than 2.2 million people behind bars across the United States. Inmates housed in jails and prisons face a greater risk of catching an illness, especially the quickly spreading coronavirus. During this time, the best way to protect inmates is to release the ones that may be at higher risk.

Jails generally keep inmates for shorter periods of time and typically house lighter sentenced inmates. Prisons, on the other hand, hold convicted criminals on longer sentences.

A surge in COVID-19 among local jails, such as Travis County, has prompted judges to urge for the release of many inmates. Unlike long-term prisons, jails are ill-equipped to control the virus and provide adequate healthcare for their inmates. This makes jailed inmates some of the most vulnerable to suffering serious and deadly consequences if they contract COVID-19.

Since March 31, more than 37,000 state and federal prisoners have been released to help curb the spread of COVID-19. At least 14,000 local jail inmates have also been released.

What’s Really happening Inside

Reuter ’s recently published the account of an inmate placed in a Colorado jail who caught COVID-19. After a parole violation, Peterson, a 78-year-old inmate started showing signs of having the virus on March 11^th. By March 30^th he was released but on the verge of dying.

According to two inmates, his health declined quickly. Inmates alerted jail staff, but they kept Peterson in the general population. Inside the prison, inmates shared sinks and toilets with Peterson. They shared food and sometimes close quarters because of staffing and security measures. One of the inmates started to also show symptoms of COVID-19 after being exposed to the ill inmate but was never tested.

Peterson was clearly in need of medical assistance, but he was released and died two days later.

Infectious Disease experts classify persons like Peterson as “superspreaders.” By early May, 10 people in the jail’s population tested positive for the virus. However, only 22 tests had been given to the population of 480 inmates. As such, it is likely that far more inmates and correctional officers actually contracted COVID-19 because of Peterson.

Other jails across the U.S. and Texas have fared no better. Inmates have been issued gloves and soap, but no masks. Resources and test kits are low, and jails are not prioritized over other institutions when it comes to obtaining the resources necessary to stop the spread of COVID-19.

Is a Travis County Jail COVID-19 Outbreak Coming?

How long can Travis County continue on without a large outbreak? As businesses continue to open and crowds start to gather, more people are being arrested. These people are being forced into crowded jails among an already vulnerable population. It seems like the question isn’t IF an outbreak is coming- it is WHEN will the outbreak arrive?

Family members are fearful, and we understand that you want to see your loved one safe and healthy. We have been working around the clock to find avenues to get our clients released from jail as quickly as possible. If you have a loved one in jail, please reach out, and we’ll help you understand the options. We will do everything we can to keep your family members safe and free.

Call our 24-hour legal helpline at (512) 474-1404 or fill out our confidential contact form to explore all of your legal options during this scary and difficult time. Our Travis County criminal defense lawyers want to protect your freedom, your future, and your health.

Apr 03 2020

How a Stay-at-Home Order Can Open the Door to an Arrest

Stepped up enforcement of Stay-at-Home and social distancing orders has people being arrested throughout the United States.

It is very important to understand that these “Stay-at-Home” orders give police (and a myriad of other law enforcement officials) PROBABLE CAUSE to stop you. Once stopped by law enforcement, they can begin to investigate for other potential crimes. It’s the Stay-at-Home order that opens the door.

Increased enforcement is clearly beginning around the country. Ten days ago, there were no reports of arrests related to enforcement of Stay-at-Home orders. But take a look at a sampling of arrests directly related to enforcement of Stay-at-Home orders over the last 48 hours:

Hawaii – 5 arrested, 70 cited
Maryland – 2 arrested yesterday
Florida – 2 church pastors arrested, several individuals
New Jersey – Several wedding participants and churchgoers arrested
New York – dozens of citations, a few arrests
Kentucky – 4 being monitored with ankle bracelets
…at least 6 more states reporting 2 or more arrests

Austin’s mayor stated early on that making arrests related to Stay-at-Home orders would be the last resort. He reiterated that this week in response to the growing complaints of individuals violating his Order. It’s been reported, and we have firsthand knowledge, that the Austin Police were stopping individuals in the beginning days of the Stay-at-Home Order. One client was asked where he was going, what type of work he performed, and if he was aware of the mayor’s orders…this was 2 pm. He was then asked to perform field sobriety tests then arrested for “suspicion of DWI.” He doesn’t dispute that he had a beer at lunch, but he vehemently denies being drunk. Would have he been stopped if there wasn’t a Stay-at-Home order?

Pressure is mounting around the US for a nationwide Stay-at-Home order. Cases of coronavirus are rapidly increasing with new Texas counties reporting cases every day. The mayor seems to want to avoid the public perception of a police state, but it is clear that other cities and states have determined that it was time to step up enforcement and start making arrests.

Check out the cases of coronavirus in Austin-area counties:

Bastrop: 10
Bexar: 229
Caldwell: 1
Comal: 12
Guadalupe: 20
Hays: 42
Travis: 305
Williamson: 55

Numbers of cases are increasing rapidly, and law enforcement is being pressured to make examples to get people to take this seriously. Essential businesses are open, but many local places are closed down or only offering limited options so there are fewer people on the roads. Every person out there may be a larger target for police.

We recently published a post discussing harsher punishments during a declaration of emergency and now we are going to dive into what type of crimes have increased during this time.

Maintaining a Nuisance – committing to any public nuisance and not stopping or removing the cause of this problem… charged as a misdemeanor.

Weddings should be joyful occasions that end with loved ones breaking it down on the dancefloor. Unfortunately, newlyweds in New Jersey ended their wedding night being arrested for maintaining a nuisance. This certain couple chose not to heed the request given by the state to “restrict large gatherings” by continuing with their wedding during a declared emergency.

Misdemeanor Breach of Peace aka Disturbing the Peace: a criminal offense when an individual conducts unruly behavior, compromising someone’s right to quiet, peace, health, or safety.

A supposedly healthy doctor at the University of Connecticut Health Center proceeded to cough on colleagues while working. Acting with disregard for safety precautions and social distancing resulted in him being arrested for a breach of peace.

Terroristic Threat: a threat to commit a violent crime or cause an injury to another person or property.

This certainly isn’t the only story starring a guilty party spreading germs to others. Examples showcasing this behavior keep rolling in. A man in Missouri took it a step further by videotaping himself licking products in a Walmart. After posting this video, he was arrested for making a terroristic threat in the second degree. If he is convicted of this crime, he faces a fine and up to four years in prison.

Another example of using coronavirus in a terroristic threat took place in a Pennsylvania grocery store. A woman informed employees that she was sick then intentionally coughed and spat on $35,000 worth of merchandise. After committing this act, she then tried to steal a 12-pack of beer. She was charged with felony counts of terroristic threats, threats to use a “biological agent” and faces misdemeanor counts of criminal attempt to commit retail theft and disorderly conduct.

Yes, you can be charged with making a terroristic or criminal threat if you claim that you have the coronavirus then deliberately try to infect others. There is no doubt that spreading the coronavirus would result in harm to someone else. The United States’ Attorney General’s office officially declared the coronavirus to be a “biological agent.” A biological agent may be bacteria, fungi, toxins, or viruses. Terroristic Threat cases can be charged as a Class B Misdemeanor, a Class A Misdemeanor, a State Jail Felony, or a Third-Degree Felony punishable by 180 days to no more than 10 years in jail and/or a fine from $2,000 to not more than $10,000.

The United States isn’t the only country that has been cracking down on individuals threatening others with the coronavirus.

Assaults on Emergency Workers: an act of the Parliament of the United Kingdom that relates to attacks against emergency workers (especially officers), punishable by a fine, up to 12 months in prison, or both.

In the UK, a woman suspected of driving under the influence was pulled over then exhaled in the officer’s face while claiming that she has coronavirus. She was arrested for being drunk and disorderly then arrested for assaulting an emergency worker after she behaved in that manner.

We have only touched the tip of the iceberg when it comes to crimes being committed amidst this questionable time. In Turkmenistan, you might be arrested for even saying the word “coronavirus.”

In times of emergency, things drastically change…including criminal charges. Take the necessary steps to protect you and your family. Avoid putting yourself in a position to be arrested at all costs. If you or someone you know is arrested, contact us immediately to discuss the options. We believe that there’s always a legitimate argument to be made on your behalf and can almost always find a pathway to dismissal for cases relating to this.

Stay home. Be safe. Make smart decisions! If you must go out, remember to not invade anyone’s personal bubble.

Mar 31 2020

COVID-19 in Travis County Jails?

As COVID-19 rapidly spreads throughout the country, jail inmates are extremely vulnerable to catching this virus. When a large group of individuals is sharing resources and crammed together in confined spaces, practicing social distancing is difficult if not impossible. The Travis County Sheriff has reported zero cases in the Travis County jail system…but is that the whole truth, and nothing but the truth?

In order to confirm cases, there must be testing.

How many tests have officials administered on inmates? One. Yet, they have roughly 30 inmates quarantined. Hmm…it’s awfully easy to report zero confirmed cases if you’ve administered ONLY one test to a healthy individual.

How many tests have those same officials administered to staff? 27. Yes, corrections officers, deputies, and civilian employees have been administered 27 COVID tests but only 1 on inmates. Jail officials want to assure you that inmates are given proper protection. According to the Travis County Sheriff Office, “Inmates have been provided bar soap in their cells and day rooms.”

Governor Abbott has waived all medical fees correlating to COVID-19 for all inmates in the Texas Department of Criminal Justice facilities. It has been reported that 100 test kits are being dispersed between Travis County Jail in downtown Austin and the Travis County Correctional Complex in Del Valle while jails in Hays and Williamson counties have 0 testing kits.

Putting this information together raises some alarming issues.

But what are jails reportedly doing to lessen the risk?

Right now, a variety of strategies are being implemented to reduce the spread of COVID-19 in our jails. Currently, a population of inmates are being quarantined in the Travis County Jail system. It has been reported that 20 inmates are being monitored for coronavirus. The Travis County sheriff’s office has introduced four levels of quarantine for the jails:

An exposed person booked into a Travis County facility will be quarantined in a single cell. All activities will be separate from others and that person will receive meals in his or her cell.
All inmates in a unit will be quarantined if just one person is sick. When they participate in activities, they will be separate from other inmates and they will receive meals in their cell.
If there are multiple inmates in separate areas that are sick, the whole facility will be quarantined. During the incubation period, movement to and from the facility will be minimal.
If someone is sick and it is caught after movement between facilities, all exposed inmates will be quarantined.

Other measures being taken during this time are: sanitizing The Central Booking facility, taking the temp of each person entering the Travis County correctional area, having jail staff wearing gloves, and conducting video visits for $2.50 per visit.

In Williamson county inmates, attorneys, and staff members are going through extensive medical screening. If newly arrested people are showing symptoms of the virus, they will be sent to the hospital and have to be cleared by a doctor before going housing in the jail.

Health care officials are at Hays County Jail 24 hours a day and sanitization stations have been increased. Officials are working to provide inmates with two free phone calls a week for 30 days.

In addition to implementing strategies to reduce the risk of COVID-19 among inmates currently incarcerated, other measures are being put in place to reduce the number of individuals that enter or remain in the jails.

One such measure is an Order signed by County Judge Elisabeth Earle on behalf of all the County Court Judges in Travis County Criminal Courts. The Order is entitled “STANDING ORDER TO TEMPORARILY SUSPEND THE EXECUTION OF WARRANTS FOR CERTAIN TRAVIS COUNTY CASES”. The Order remains in effect until May 8, 2020.

The Order, which begins with the words, “In the interest of community safety….”, states that “In order to alleviate the threat of COVID-19 in County Jails, the Travis County Court at Law Judges trying criminal cases have agreed to temporarily suspend active warrants for all misdemeanor offenses except for the following cases:”

Unlawful Restraint (Penal Code 20.02)
Violation of Protective Order (Penal Code 25.07)
Unlawful Carrying of Weapons (Penal Code 46.02)
Assault with Bodily Injury, Assault Family Violence, Assault Dating Violence, Indecent Assault and Terroristic Threat.

Consistent with the Order, the Travis County Sheriff’s office is directed to relate said Order to all law enforcement officers who request warrant confirmation so that officers are given notice to not bring low-level offenders to the jail during the pendency of the Order.

It is important to note that warrants are not being recalled. They are only being suspended. Which means come May 8, 2020, the Order will either be extended or lifted. If it’s lifted, anyone with an outstanding warrant will again be fair game for an arrest.

For those people who are arrested for felony warrants or new felony offenses, District Judge Brenda Kennedy executed an Order which became effective on March 23, 2020, relating to personal bonds.

The Order, entitled “STANDING ORDER FOR PERSONAL BONDS ON CERTAIN FELONY CASES IN THE TRAVIS COUNTY DISTRICT COURTS”. The Order states that all people charged in Travis County with either a State Jail or third-degree felony offense listed in the Order shall be eligible to post a personal bond (with some exceptions).

Those offenses eligible for a personal bond include the following offenses (if charged as a State Jail or 3rd-degree felony):

Possession of a controlled substance
Delivery of a controlled substance
Possession of Marijuana
Other state jail felony drug charges (ie. Obtaining a controlled substance by fraud);
Credit card or debit card abuse
Criminal mischief (unless fire or a deadly weapon used)
False statement to obtain property or credit
Forgery
Fraudulent destruction, removal or concealment of writing
Graffiti
Interference with railroad property
Prostitution
Securing execution of a document by deception
Tampering with a governmental record
Tampering or attempting to tamper with physical evidence
Theft and theft of services

It should be noted that some of the above charges can be charged at a higher level than a State Jail felony or third-degree felony depending on the particular circumstances of the case. For example, if the amount of a controlled substance makes a delivery of a controlled substance a second-degree felony, the individual arrested is not automatically eligible for a personal bond.

There are also numerous situations delineated in the Order which “constitute an exception to the automatic granting of a personal bond.”

Some examples include:

A person who is arrested on a new offense AND is on any form of pre-trial release for other charges.
The arrested person has a warrant for failure to appear or bond forfeiture.
The person failed to appear or had a bond forfeiture in the last 12 months.
The person had been motioned off in the same case.
The person has a parole revocation warrant.
The person has other holds (ie. ICE hold or out of county hold).
The person has related misdemeanor charges in which a personal bond is not being granted.
The crime has a hate crime enhancement.
Pre-trial services or Travis County Booking staff observed behavior by the person that would indicate they are an imminent danger to themselves or others.
The magistrate believes, based on credible evidence, that granting a personal bond would constitute an unreasonable threat to the safety or property of another person.

Accordingly, there are many exceptions to the “automatic” personal bond directive, and the magistrate judge still has discretion (if he/she believes, based on credible evidence, that a personal bond would create a threat to others) to deny a personal bond.

However, just because a person isn’t automatically granted a personal bond based on the Order discussed above, it does not mean that it is impossible for them to get a personal bond. Since a personal bond requires the authorization of a judge, hiring an attorney who has built strong relationships with judges and prosecutors will be someone’s best chance of getting a person out of jail.

No one wants to be stuck in jail even in the best of circumstances. Right now, being in jail seems to put one at even greater risk. We have been working around the clock to find avenues to get our clients released from jail as quickly as possible. If you have a loved one in jail, please reach out and we’ll help you understand the options. We will do everything we can to keep your family members safe and free.

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