HOUSTON (AP) _ A judge will hold a hearing Monday to determine if Vernon Maxwell should be freed from jail to rejoin the Charlotte Hornets for the NBA playoffs.

Maxwell surrendered to Harris County authorities this past Monday to begin serving a 90-day sentence resulting from a 1995 marijuana possession case.

But state District Judge Jay Burnett will consider a request that Maxwell should be free on bond while the court reviews whether the NBA player was improperly represented in 1995. Maxwell also claims the search that led to his arrest was illegal.

State Rep. Ron Wilson filed the request on Maxwell's behalf.

Maxwell pleaded no contest to a marijuana possession charge in 1995. Police said they found just more than a gram of marijuana after stopping Maxwell for a traffic violation.

``He's trying to get his client out of jail because he says he's an integral part of the Charlotte Hornets' ability to get into the playoffs,'' prosecutor Connie Spence said.

``Mr. Wilson has stated it's crucial for Mr. Maxwell to be released now because of his livelihood and we all know his livelihood is to play ball.''

Maxwell had been free on $25,000 bond while his case was being appealed, but he lost his appeal. In February, the U.S. Supreme Court refused to hear his case.

Harris County District Attorney John Holmes Jr. said his office would fight Maxwell's release.

``I have tried all my career to dispel the idea that justice treats you different depending on your station, and I'm disappointed in the message this sends to others,'' Holmes said.