What if you have been in jail for 90 days without a indictment?

Asked over 1 year ago - Dimmitt, TX

the charge is burgarly of habitation and from the police reports they were unable to obtain fingerprints but the victum supposely was able to pick him out of a photo line . All the photo of the line up don't match anything as how she describes them . Also from what she told the police doesn't make no sense what so ever . One more thing i have a copy of the police report and the victum didn't write a statement about what happen . I also have proof and witness's of where we were the day this all happen .

Attorney answers (3)

  1. Macy Michelle Jaggers

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . See my response to your previous question.

    Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Ms. Jaggers... more
  2. Evan Edward Pierce-Jones

    Contributor Level 18

    1

    Lawyer agrees

    Answered . If an unindicted Texas felony charge is all that is holding a defendant in jail and that defendant has been in jail on that charge for more than 90 days, then that defendant is entitled under Texas Code of Criminal Procedure, Article 17.151, to a surety bond that the defendant can make, or if the defendant cannot make any amount of surety bond, a personal bond.

    By now, hopefully, you have a lawyer. If you do, understand that some lawyers are not very familiar with Article 17.151. You may want to ask your lawyer about it in a respectful way.

    Answers on Avvo are for general information purposes only and should not be relied upon as legal advice. No... more
  3. Priscilla Tommye Bush

    Pro

    Contributor Level 8

    1

    Lawyer agrees

    Answered . In addition to the bond issue discussed by the other atty, there may be the possibility of presenting a grand jury packet to the Grand Jury when the State presents the case for indictment. Ask the defense attorney on the case if the State will accept and present any evidence from the defense to the Grand Jurors.

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