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Is it possible the DA will let a inmate do time and at the end not charge them?

Fort Worth, TX |

Basically saying " theres nothing to pursue so ill let the case set there and not charge him. Two, three months later he can go home?"
Do they think like that or are they really takinga while to handle a criminal parole case

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Attorney answers 4


No, I don't think that's likely. It does frequently take a couple of months, and sometimes longer than that, for a case to be presented before a grand jury for indictment, and I would guess that's all that's involved. I don't understand what a "criminal parole case" is, though. Maybe you're talking about someone who's sitting in jail on both a new charge and a "blue warrant", or parole revocation case? If that's what's going on, the usual 90 day window within which the State must have a jailed defendant indicted does not apply while both holds are in place.


Unless the case is high profile or a defense attorney is pushing them the district attorney will move on a case when they're ready. They handle many cases and it takes a while to get around to all of them. The delay means very little.
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No. The county cannot afford to house people who have not committed crimes. It would be illegal and unethical of a DA to hold someone without probable cause, and they just don't have the time to play games like that. It can take several months to file a case--especially if it's a felony drug case. If you can afford to post the bond, you should to that. You should hire a defense attorney immediately. Sometimes they can get the bond reduced and sometimes they can get the grand jury process waived to move a case more quickly.

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Ms. Foley, Mr. Jones, and Ms. Jaggers practice in different parts of the state from me. My experience has been a bit different. And so is my answer.

Over the years I have seen people sit in jail a few months and then see the case dropped. I have seen this only a few times, but it does indeed happen. One reason is that people often are arrested by an officer who files a complaint. In a small community in which the grand jury only meets a few times a year, it may be quite a while before the prosecutor carefully reviews the case. At that point, if the case looks like a loser, the prosecutor would have a good reason to cut it loose.

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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