Dallas, TX asked in Criminal Law, Civil Rights, Constitutional Law and Legal Malpractice for Texas

Q: Is holding a mentally I'll person 27 months and not indicted cruel and unusual punishment

Filed by indictment was his book in..is that a legal indictment or does the grand jury have to indict him. He also was not evaluated within 24 to 72hrs. Can I file a writ of habeas corpus

1 Lawyer Answer
Michael Hamilton Rodgers
Michael Hamilton Rodgers
  • Criminal Law Lawyer
  • Dallas, TX
  • Licensed in Texas

A: If the person is being held on a felony offense, then, yes, the person has a right to be indicted by a grand jury before the State of Texas can prosecute him for that felony. The only exception to this rule is that an accused person in some cases may be allowed to waive (give up) his right to be indicted.

If a person is held in jail on a felony offense continuously for 90 days and remains unindicted, then upon application (by written motion or request), he must be granted release on a personal recognizance (PR) bond. A PR bond is a bond which costs the defendant nothing to post, but if he fails to appear in court as may be required, he would be subject to paying the face amount of the bond, whatever that amount may be set at.

(Forget about the fact the person wasn't timely evaluated after arrest, unless he still hasn't been evaluated. Then this fact might be the basis for habeas corpus.)

The answer to your final question is yes, you can file a writ of habeas corpus on the incarcerated person's behalf. There is no requirement that a person has to be a lawyer or even a family member in order to file a writ of habeas corpus. Good luck.

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