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How long can you be held in Texas jail without a hearing?

Waco, TX |

In Tarrant County on 3rd DUI with parole hold. Over100 days with no BAC results. There was no accident or ticket issued. When is he legally entitled to a hearing? Is he to be held indefinitely? Any way to get the parole hold lifted so he can bond out awaiting BAC results?

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Attorney answers 2


If this is a blood case, this delay is not unusual. The defendant will not be indicted until the blood labs come back. Officers can but usually do not issue a citation for the underlying traffic offense when they make a DWI arrest. If he didn't have a parole hold, his attorney MIGHT be able to get his bond reduced or get him a pr bond because the indictment was taking so long. However, because he does have the parole hold, there's nothing he can do but wait.

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If he has a parole (blue) warrant, he is not getting out. It is not surprising in any county that the blood test is not back; it takes several months some times. Given that it is a felony DWI (being the 3rd), he is not likely to get any sympathy from parole.

He should have a lawyer representing him and answering his questions at this point. That lawyer should be in control and have more information than any of us on this site can offer.

Cynthia Henley

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