San Antonio, TX asked in Criminal Law for Texas

Q: Yes it's been 180 days since I've have not been indicted and I was told that that means that they're going to drop the c

So take off my monitor and I'm not going to be charged anymore or what exactly does it mean because I read they give you 180 days to file to the grand jury if they don't then they have to let you go but then I also read that they still have up to 3 years to indict you so I need to know what to expect do I go to the pretrial people and ask him to take the monitor off of me because they failed to indict me in 180 days or I don't know what to do

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1 Lawyer Answer
John Cucci Jr.
John Cucci Jr.
Answered
  • Criminal Law Lawyer
  • Houston, TX

A: Article 32.01 of the Texas Code of Criminal Procedure states:

(a) When a defendant has been detained in custody or held to bail for the defendant's appearance to answer any criminal accusation, the prosecution, unless otherwise ordered by the court, for good cause shown, supported by affidavit, shall be dismissed and the bail discharged, if indictment or information be not presented against the defendant on or before the last day of the next term of the court which is held after the defendant's commitment or admission to bail or on or before the 180th day after the date of commitment or admission to bail, whichever date is later.

That means that generally, the DA must Indict you within 180 days of your arrest on a Felony charge. However, do not take off the monitor. You must make a motion to dismiss to the court to protect yourself. The reason is that there are a few exceptions to the above rule. You or your lawyer should review any possible delays in the case that might be your fault. If so, such a delay and the time it took, may be counted against you.

I hope this helps.

Good Luck!

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