Skip to main content

How long can a person stay in jail while the D.A. looks for the witness in the case? His case has been reset twice.

Houston, TX |
Attorney answers 3


You need to post more information to get an informed answer on this question. Try adding the following information in a new post:
1. Type of offense (what crime was allegedly committed)
2. Date of offense
3. Amount of time incarcerated
4. Any other charges currently pending against your son

The answers provided on this web site are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site or any of the e-mail links contained within the site do not create an attorney-client relationship between the Law Office of Cody Henson, PLLC and the user or browser. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.



My son was accused of assaulting a female friend. She called 911 and he was arrested. They are looking for the female without success and he is stuck in jail on a 10,000.00 bond. She apparently doesn't want to be found. He was incarcerated May 3rd. and is still in jail while they apparently try to find her. How long will he have to stay there while they try to find her? Is there a statute of limitations here?

Cody Grant Henson

Cody Grant Henson


How long ago did this occur and what was he charged with? Assault family violence? Misdemeanor or felony? The statute of limitations is dependent on the date of offense.


Mr. Henson is correct; there is not enough info to give you an educated answer. Why has your son not bonded out? How far apart were the reset? Is the case set for trial? It seems too early for the case to already be set for trial in Harris County. Is it a felony? Is it a misdemeanor? Is your son on parole? Was he on probation? If his case is in Harris County, the assistant DA cannot make an offer on your son's case unless they make an attempt to reach the complaining witness. If he is not guilty and he is going to trial, then you should attempt to post a bond so that he can wait for the trial while he is free instead of waiting a couple of months while he is incarcerated. There is no set time that the state has to adhere to when attempting to speak with the witness. It will be up to your son's defense attorney to push the state to make a decision about the case. If you are worried speak with the attorney that is representing him so that he can give you a better idea of how long he will be there.
As to the statute of limitation, well that would not apply to your son's case because he has been charged with the crime already.

Legal disclaimer: My answers are only intended as general legal advice based on my experience. They are not intended to be a binding legal opinion nor to create an attorney-client relationship.


Every case has a statute of limitations. As my colleagues point out, there's no way to tell you without knowing the offense. The shortest SOL in Texas is two years. But that just applies to his case being filed. If his case has been filed, he will remain in custody until a bond is posted or the case is disposed of (whether by plea bargain agreement, trial, dismissal, etc.).

Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Ms. Jaggers offers everyone a free consultation to discuss their case. Feel free to call her office at 214-365-9800 to make an appointment (phones are answered 24 hours) or visit her website at for more information about her services and recent victories.

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer