Legal Question in Criminal Law in Texas

absentia

Can someone who has not been notified of charges be indicted in absentia? The person in question was not a flight risk and they were not charged or arrested the day of the alleged offense. This is for burglury of a habitation?


Asked on 4/24/07, 7:19 pm

1 Answer from Attorneys
TC Langford Langford Law Office

Re: absentia

Actually, most indictments are issued in absentia. It is not common for the defendant to be present at the time the grand jury considers the case presented by the ADA. Sometimes, for various reasons, a person is not arrested initially, but the grand jury determines whether or not there is probable cause to issue an arrest warrant. When that happens, then the indictment constitutes the notice. The arrest warrant will then be issued, and bond will be set taking into consideration whether the person is or is not a flight risk.

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Answered on 4/25/07, 7:19 am


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