Austin, TX asked in Criminal Law for Texas

Q: How long does it usually take the state to come with a offer for a 3rd degree felony possession charge?

My husband has been in jail since June on a poss. of a controlled substance of meth over 1<4. His court appointed lawyer has not seen him at all but he has had an arraignment and they set a pre-trial but the day of the set date they reset it and when I call to see whats going on they say they are waiting on the state to come with an offer. Hes been indicted since the end of last year.

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

A: Has your husband been indicted? Most DAs in Texas will not take a drug possession case to the grand jury to seek an indictment until they have received a chemical analysis forensic report of the substance from the DPS forensic lab or other private lab under contract to provide such analyses. These reports can take, as a general rule, anywhere from 4-18 months from date of arrest. If there is no indictment yet and your husband has been continuously held in jail (and he's been unable to post bond) then his can file a writ of habeas corpus or Motion for release on personal recognizance. This is because if a person has been held for 90 days on a felony case without being indicted, he's entitled to a PR bond. But first he or his attorney must file the proper paperwork with the court.

This rule does not apply if he has been indicted. Ask his attorney about this.

Usually prosecutors will not make an offer until the case has been indicted or at the first post-indictment court setting. This first setting usually occurs with 4 weeks of the indictment being handed down from the grand jury.

So you should find out whether your husband has , in fact, been indicted and determine a course of action in conjunction with his lawyer. Good luck!

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.