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How long can someone be held in jail without being indicted?

Greenville, TX |

Burglary of a habitat, approximately 2 years ago, never arrested for it because in texas department of corrections for similar charge, paroled and they had 10 days to get him prior to release, picked up at last minute and now in new jail where they told him they can hold him indefinitely until he is indicted - no lawyer, bail, and has not seen a judge ever about this not even a first appearance to my knowledge

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Attorney answers 3


Get him an attorney. NOW.

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I agree with Mr. Craytor that the person you speak of needs a lawyer ASAP. If this is someone you care about and you are able to do so, you might consider getting a lawyer on board. But, that's your choice to make.

When a person is held in jail, most counties strive to get them a lawyer within a few days if the prisoner can't afford a lawyer.

As to how long a person can be held pending indictment, there is a law in the Texas Code of Criminal Procedure that provides that if a person is being held pre-indictment and the prosecutor is not ready within 90 days, the prisoner is entitled to a bond they can make or if they can't make any amount of bond, them PR bond -- if there is nothing else holding the prisoner that falls under one of the exceptions to the law.

Again, the person you speak of needs a good criminal defense lawyer ASAP.

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.


His problem is he has no lawyer. Without more information it's not possible to tell you how long they can or will hold him, or what his best options are. First, make sure he has applied for a court appointed lawyer. Then, start interviewing local attorneys to see if you can afford a lawyer to help him.

Robert Guest is a Kaufman County Criminal Defense Lawyer with offices is Forney, Texas, Irving, Texas and Kaufman, Texas. We do not have an attorney-client relationship. My use of Avvo is not intended to form an attorney-client relationship. Avvo is a limited forum and should never be used as a replacement for a consultation with a local lawyer. My answers are not legal advice. You really need a consultation with a local attorney. Do that before making any important decisions.