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What is the maximum time an inmate has to wait to be indicted on a state charge?

Abilene, TX |

My family member has been in the county jail for 2 months waiting for indictment and we don't have the money for bond. He just wants it over with.

Attorney Answers 3


The maximum time the state has is until the statute of limitations expires for that particular offense, which could be years. There is help/hope for your situation however. After 90 days he is entitled to a bond reduction and if the state does not have it indicted within 180 days, he is entitled to have the charge dismissed or being released on a bond he can afford. (I generally recommend the latter because it keeps the defendant from being arrested again if the state does eventually get an indictment.) Each case is different as is each court. A criminal defense attorney can assist in these proceedings. Good Luck

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9 lawyers agree


Bart Charles Craytor

Bart Charles Craytor


If he wants to enter a plea, he can waive indictment. However if the delay is because they are awaiting the results of laboratory testing, it might be worth the wait. I have had cases where my client wanted to plea, and then the testing came back negative for any contraband.

Bart Charles Craytor

Bart Charles Craytor


Thank you for the "Best Answer" vote!


Attorney Craytor has laid it out well. I agree.

The information provided is not advice but a legal perspective and you should schedule a consultation with the lawyer of your choice.

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Specifically, it is the statute of limitations that sets the time limit within which a person can be indicted.

The statute of limitations is different from any right to a bond reduction due to failure of the state to be ready for felony trial within 90 days, and with a right to a dismissal of a complaint if the case is not indicted by the end of the grand jury term in which the defendant is arrested and jailed (whether or not released on bond) plus the next term of the grand jury.

If this is a real case, there are several good lawyers in Abilene, including Randy Wilson and Randy Crownover among others.

Answers on Avvo are for general information purposes only and should not be relied upon as legal advice. No attorney / client relationship is created by providing this answer. For specific advice about your situation, you should consult a competent attorney of your choosing.

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