Temple, TX asked in Criminal Law and Constitutional Law for Texas

Q: If you're not indicted within 180 days.. How do you go about being released from the limitations of the bond.

Can you get your money back from the bondsman if you're not indicted within 180 days ( 1 year )

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Criminal Law Lawyer
  • Sacramento, CA

A: In Texas, if you are not indicted within 180 days for a felony charge, you may have grounds to request a release from the obligations of your bond. However, the specifics can depend on the details of your case and the type of bond you have.

For a surety bond (where a bondsman is involved), the fee you paid to the bondsman is typically non-refundable, as it is a fee for the service of the bondsman guaranteeing your bond. If you posted a cash bond directly to the court, you may be eligible for a refund, minus any administrative fees or fines, if the charges are dropped or you are not indicted within the stipulated time.

To initiate the process of release from bond, you or your legal representative should file a motion with the court that issued the bond. This motion should outline the circumstances, notably the lapse of 180 days without an indictment, and request the court to release you from the bond.

It's advisable to consult with your attorney to understand the appropriate steps and paperwork involved in this process. They can provide guidance tailored to your specific situation and help ensure that your rights are protected throughout the process. Remember, navigating legal procedures can be complex, and professional guidance can be invaluable in these situations.

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