Prairieville, LA asked in Criminal Law for Texas

Q: If you are held in jail for 180 days and you still haven't been indicted Do they throw the case out?

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1 Lawyer Answer

Kiele Linroth Pace

  • Criminal Law Lawyer
  • Austin, TX
  • Licensed in Texas

A: Article 32.01 of the Texas Code of Criminal Procedure is still on the books but unenforceable since it was ruled unconstitutional on a separation of powers issue.

The statute of limitations is long enough that the state could dismiss and yet still get a grand jury indictment after dismissal. This can be a MAJOR problem for the defendant because the dismissal releases the bond and the indictment triggers a new arrest for the same offense. Both arrests will appear in the defendant's criminal history and may appear to the untrained observer as two separate incidents.

An attorney that cares about the client may hold off making an issue of it when an indictment is still expected because dismissal can cause more harm than good. A court-appointed attorney that doesn't care about the client and just wants to get paid on his voucher (and released from the case) might force the issue.

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