How long does the state have to charge (indict) after an arrest in Texas?

Asked almost 5 years ago - Denton, TX

My 17 yr old son was arrested at school for Burg of a bldg(felony). It has been 3 months and he has not been charged(indicted)?

He wasnt read his miranda rights nor was he given the paper to sign upon his release that he wanted a court appointed attorney.

Attorney answers (1)

  1. Robert Hampton Tuthill

    Contributor Level 14

    Answered . The state can indict anytime within the statute of limitations. In the case of felonies, this is at least 3 years.

    The police do not have to read your son his Miranda rights unless they want to question him while he is in custody. If he was questioned in custody without being informed of his Miranda rights, any statements he made would be ripe for a motion to suppress.

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