Q: For Texas criminal defense. The clock starts from arrest. The state has 180 days to indict correct? Yes they can refile.
Yes they can refile the charges within the SOL, but they cannot proceed if the 180 days has been exceeded correct? Especially if it has been over 365 days.
A:
No. From the date of arrest the State has 90 days to indict, and if the State fails to indict within 90 days the defendant, if in jail, is entitled to a bond he or she can make. ie: $10. If the State fails to indict the case within 180 days and the defendant has been in jail that entire time, then the defense can move for dismissal and the court shall grant it; however, the case can be refiled by the prosecution after the defendant is release from jail.
This is an excerpt from a motion I file when this occurs:
"Pursuant to Article 32.01, Texas Code of Criminal Procedure, “When a defendant has been detained in custody or held to bail for his appearance to answer any criminal accusation before the district court, 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 such defendant on or before the last day of the next term of the court which is held after his commitment or admission to bail or before the 180th day after the date of commitment or admission to bail, whichever date is later.”
The offense allegedly occurred, and defendant was arrested and is now held by the Bell County Sheriff. More than 180 days have elapsed since the accused was committed or held to bail and no indictment has been returned."
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