Arrested on two counts of bribery, Commissioner Mike Montemayor as of now is still on the court. Wednesday, March 26th is Montemayor's arraignment. Attorney David Almaraz explains.
"Legally an arraignment is the first time an individual is accused for a crime be federal or state level. They come to answer for the charges. Everyone’s that's indicted has to go through arraignment."
According to attorney Almaraz 99.9% plead not guilty at an arraignment and most lawyers will file a waiver so you don't even have to go before a judge.
"A waiver of arraignment says I'm the accused, I have read the indictment, I understand the charges. I'm pleading not guilty and requesting a pre-trial and a jury trial date.”
With the next commissioners court meeting happening on Monday and with items on the agenda from Montemayor; can Montemayor participate? According attorney Almaraz, state statue says any elected official that is charged with a crime has the option of staying in office unless a petition is filed to remove them.
"The only other option is that anyone in Webb County or the county attorney can file a petition. As a defense lawyer he is innocent till proven guilty but because of his position some people might question his decisions while this case is going on."
Whether or not Montemayor will participate in the next commissioners court meeting is anyone's guess.