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?
1 Answer from Attorneys
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.
Related Questions & Answers
-
Possession of meth i was arrested in 05 for meth, im going to court on 5/11/07 for... Asked 4/24/07, 4:43 pm in United States Texas Criminal Law
-
Missed court date I missed my court date (charge theft by check). I was in hospital... Asked 4/24/07, 5:52 am in United States Texas Criminal Law
-
Falsly accused of keying a car I have had a warrant served for Criminal Mischief. I... Asked 4/23/07, 2:18 am in United States Texas Criminal Law
-
Legality of Case # being changed Someone was found guilty in court, and her atty was... Asked 4/22/07, 11:49 pm in United States Texas Criminal Law
-
Criminal - Public Intoxication What is my best defense in a Texas Public... Asked 4/21/07, 2:17 am in United States Texas Criminal Law
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
