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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

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.

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.