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Old 10-21-2011, 02:27 AM
solodeah solodeah is offline
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Question Being held without indictment in Texas? How long can you be held?

Hello, Ihave a question about Texas law that hopefully someone can help me anwser. My boyfriend is in Mclennan county jail in Texas since 8-22-11. Legally can you be held this long without being indited? He is charged with ORGANIZED CRIMINAL ACTIVITY & THEFT. He has only seen his PUBLIC DEFENDER once & was told that he can't do anything for him since he has not been indited yet. All this does not make sense to me since I thought a person is INNOCENT UNTIL PROVEN GUILTY not the other was around!! Yea, he has an option to bail out at the hefty price of 30,000. Please, does someone know the laws of this backward, red neck, godforsaken land? thanks in advance for any info ~SOLODEAH~
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Old 10-21-2011, 07:42 AM
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It’s 90 days. Here is a link to the info I found:http://www.lawguru.com/legal-questio...nt-770789248/a
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Old 10-21-2011, 08:17 AM
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I have a brother in law in the same county jail and has been there for almost a year and has still not gone to court. But a million dollar bond is way outta our reach! Keep your head up!
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Old 10-21-2011, 09:41 AM
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Ninety days is the correct answer in his case but, just in the interest of completeness, that is not always the right answer. Mr. Law Guru did not give a complete answer. Our Texas consitution provides for denial of bail under certain circumstances but, since you state that bail has already been set, then either 1) he did not qualify for denial of bail or 2) the state (meaning the DA) did not bother to move for denial of bail on those grounds. Even if it happens that he qualified for denial of bail but the state, for whatever reason, didn't bother to file that motion then it has lost its chance because the order for such must be issued within seven days of the arrest.
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Old 10-21-2011, 10:18 AM
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90 days is what I know, unless, as RobinsMan pointed out, the circumstances to deny bail are met. After 90 days without indictment, you can be released on a PR bond. I was indicted on the 89th day of my county jail time, I never did get out (broke as a joke as most addicts are). I wish you and yours all the best.
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Old 10-21-2011, 12:16 PM
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For future reference ...


Art. 17.151. RELEASE BECAUSE OF DELAY.
Sec. 1. A defendant who is detained in jail pending trial of an accusation against him must be released either on personal bond or by reducing the amount of bail required, if the state is not ready for trial of the criminal action for which he is being detained within:

(1) 90 days from the commencement of his detention if he is accused of a felony;

(2) …
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Old 10-21-2011, 05:21 PM
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Just to be further clear ... Texas behaves according to the notion that you are guilty until proven innocent.
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Old 10-21-2011, 10:38 PM
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Texas Code of Criminal Procedure Art. 17.151. RELEASE BECAUSE OF DELAY.
Sec. 1. A defendant who is detained in jail pending trial of an accusation against him must be released either on personal bond or by reducing the amount of bail required, if the state is not ready for trial of the criminal action for which he is being detained within:
(1) 90 days from the commencement of his detention if he is accused of a felony;
(2) 30 days from the commencement of his detention if he is accused of a misdemeanor punishable by a sentence of imprisonment in jail for more than 180 days;
(3) 15 days from the commencement of his detention if he is accused of a misdemeanor punishable by a sentence of imprisonment for 180 days or less; or
(4) five days from the commencement of his detention if he is accused of a misdemeanor punishable by a fine only.
Sec. 2. The provisions of this article do not apply to a defendant who is:
(1) serving a sentence of imprisonment for another offense while the defendant is serving that sentence;
(2) being detained pending trial of another accusation against the defendant as to which the applicable period has not yet elapsed;
(3) incompetent to stand trial, during the period of the defendant's incompetence; or
(4) being detained for a violation of the conditions of a previous release related to the safety of a victim of the alleged offense or to the safety of the community under this article.


http://www.statutes.legis.state.tx.u....17.htm#17.151


Just to add onto Robinsman for those who are actually curious.



Further, the District Attorney/Prosecutor can pursue a case before it is indicted. However, from what I observed in Court proceedings those people actually go before the judge to take a Plea on the case and acknowledge that the case is Plea is before indictment. I believe that is the DA/Prosecutor's choice to pursue. Also, after the 90 days they can be released on a personal recognize bond and/or lower bound amount. If indicted the Bond amount can come down a bit lower based on what the Grand Jury Decides.

This is the process as granted by the Texas Code of Criminal Procedures so it's not something that is made up out of thin air or on the spot. Sometimes the Grand Jury can come back with an indictment a couple of days before the 90 day time period ends.

Last edited by JPrasil; 10-21-2011 at 10:39 PM..
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