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How long can a person be held in jail without being indicted?

Brownsville, TX |
Filed under: Criminal defense

My husband was arrested on August 14th for assualt F/V. He had his hearing the next day and a 1500 bond was set wich we could not afford so he was transfered to county and was assigned a court appointed attorney I can never get ahold of the attorney he has never returned my calls.

Attorney Answers 2

Posted

If a person has been denied a personal bond and is not indicted within 90 days of arrest for a felony (TX Code of Criminal Procedure 17.151), then he is entitled to a reduction in bond to an amount he can pay or to be released on a personal bond if he cannot afford anything. However, this kind of case is a Class A misdemeanor (unless he has a prior conviction for Assault - FV), so the charging instrument is an information, not an indictment. If an information hasn't been filed within 30 days of an arrest on a Class A, he is also entitled to a reduction in bond or a PR bond if he cannot afford a lower bond.

Your husband should speak to his attorney if this is the case so that the attorney can file a writ to get this bond hearing.

Disclaimer: This answer is provided as a public service and as a general response to a general question, it is not meant, and should not be relied upon as specific legal advice, nor does it create an attorney-client relationship.

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Posted

I agree with Mr. Walcutt.

The State has 90 days to indict someone on a felony, but a first offense of Assault F/V is a misdemeanor level offense. The state would have 30 days on the misdemeanor, but all they have to do to file charges if to proceed on what is called an "information." If he has gone to court and had his bond set and been assigned an attorney, the State has probably filed an information.

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