Tips for Helping Your Veteran in a County Jail—2018


Maria Anna Esparza created this guide for those trying to find help for veterans who have been incarcerated in a Texas county jail. She is not an attorney but a self-taught advocate and mother of a veteran who was charged with a felony. She spent many hours asking questions and finding those who will actually help. 

In 2018, a Friendly Advocate (name changed for privacy sake) added some points that she learned while advocating for her partner, a recent veteran also charged with a felony who was held for held many months in a North Texas county jail.

General Tips:

  • Go to: https://www.centraltexas.va.gov/services/Social_Work/VJO_Program.asp. Locate and contact the closest Veterans Justice Outreach to your location. Among the tasks of VJOs are to support veterans in jail to divert them to treatment programs when possible. However, the VJOs often have hundreds of cases and will not always visit or advocate for your veteran. Do not rely solely on the VJO for assistance.

 

  • Always document each contact with all officers at the jail and elsewhere. Write down notes about phone calls, including dates, times, who you spoke with and what they said and whenever possible, fax or email any communication. It is also helpful to keep a log/timeline of what is happening with your loved one’s case. Document when events take place in case you need to refer back to this later. Certain county jails struggle with accurate record keeping.

 

  • Contact the Texas Veterans Commission and make sure your veteran is registered as a Justice Involved Veteran (JIV) with them. They can assist with getting the veteran into volunteer-run support groups within the jail and getting other support the veteran might need.

 

  • A veteran with a felony charge gets NO assistance from the VA! In most cases, veterans courts will not assist veterans who have felony charges. Even though they are entitled to benefits, if they have not been assessed by the VA for disabilities prior to their incarceration, they will not even receive reduced benefits.

 

  • A veteran with mental issues while incarcerated needs someone to communicate with his/her attorney about getting a psychiatric evaluation. If the attorney does NOT act on this, the family needs to contact the State Bar of Texas or a local VSO. Local VSOs can work with your attorney to provide resources to get a psychiatric evaluation completed.

If neither the VSO or the attorney are able or willing to get the veteran a psychiatric eval, please contact the Texas Jail Project and we will suggest some strategies.

Here is the page on A website where you can get help for

  1. Disputes with your Lawyer
  2. Lawyers to help Texas Veterans

or call (800) 932-1900 or (800) 204-2222, ext. 1790

 

Meeting  with a jail administrator: 

  • Make sure you have your loved one’s medical records so you can take those to the meeting.
  • Have a clear idea of what you want before you go to the meeting. We know it’s not always easy and you may not know what to do or say. So ask questions!

To help veterans with mental health issues: 

Call your county offices, to find out who the mental health county commissioner is in your county. Request a meeting and make it clear what your veteran needs. This person may or may not be able to help, but they will expand the web of individuals aware of your veteran’s situation.

Records:

  • If you have ANY medical records showing psychological instability, get hard copies of the records and put them in the hands of the attorney.
  • If you have no medical records, contact former teachers, principals, employers, and ask them to make statements about your loved one’s mental status.
  • If your loved one has a mental health history or is suicidal, PUSH the issue with the attorney (i.e. DEMAND a psychological evaluation or psych eval). If you are concerned about your loved one being suicidal, contact the jail director/doctor/nurse and set up an appointment.  Express your concerns and demand an evaluation, but always be polite.

Incompetent to stand trial:

  • If the veteran is found incompetent to participate in his/her own defense and he has criminal charges, the court will order that he/she be sent to North Texas State Hospital in Vernon, Texas, to restore competency.
  • Just because the order has been given does not mean it will happen immediately because there is a backlog of people waiting to go to the Vernon hospital. You may need to talk to your local mental health authority (MHMR) or email texasjailproject@gmail.com We will try to direct you to someone at State Health and Human Services who can say how long the wait is for beds at the Vernon State Hospital.
  • The wait can be long causing your loved one to sit in jail for many months. If that happens, contact texasjailproject@gmail.com and tell us about the case, and also make sure your attorney knows they should file a writ of habeas corpus. See article on front page. Once that writ is filed, the court can order the jail to send the inmate to the hospital or else they have to release him/her. (In TJP’s experience, the person is always hospitalized.)
  • If the lawyer doesn’t file the writ or stalls, ask Keith Hampton, Attorney at Law, for help;  1103 Nueces Street, Austin, Texas 78701. 512-476-8484  and fax: 512-477-3580.
  • Make sure that both you and your veteran are aware that the process to be declared competent means that after hospitalization and being restored to competency, the veteran will be transferred back to the jail for the case.

 

  • Encourage your veteran NOT to sign any paperwork waiving their rights to a trial while at the State Hospital. Speak with your attorney before waiving any rights regarding competency! If your attorney is unhelpful or unknowledgeable, you should reach out for help from Texas Jail Project or a mental health advocate.

 

  • Request a meeting with hospital staff and/or the hospital superintendent in order to communicate the needs of your loved one. Be prepared to discuss your goals for your veteran so that everyone can be on the same page for their treatment. Let them know that you support their plans and want to help your loved one become competent again. Working together with hospital staff can ensure your veteran gets the services they need and doesn’t fall through the cracks.

 

Research everything:

Research, research, research. Call every organization and check out every website and talk to people you know. Contact your state representatives. Ask them to work for you!
To find out who your state representative is and how to reach them, click here: http://www.fyi.legis.state.tx.us/
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Resources:

Texas Civil Rights Project has a Justice for Veterans Campaign. They have a new brochure called PTSD and the Veteran. Click here to read it or download it. We couldn’t get any individual help when we called them about our vet.

Veterans Defender Resource presented by the Texas Indigent Defense Commission. Local officials in Texas counties are authorized to establish Veterans Courts. This publication provides county and court officials with resources that may be helpful as they consider the design and implementation of a Veterans Court in their own communities. Read here how this Commission has awarded funding to counties to support their efforts to provide specialized defender programs that represent defendants with mental health issues, including the first stand-alone mental health public defender in the nation.

Groups assisting veterans and their families:

  • Stage Seven Connecting combat veterans and their families with innovative wellness services.