Legal Question in Criminal Law in Texas

how many days does the state of texas has to indict on a felony charge..


Asked on 1/11/12, 7:32 pm

2 Answer from Attorneys

M. Elizabeth Foley The Law Office of M. Elizabeth Foley

It depends on exactly what you mean by your question. If a defendant is in jail pending indictment, and does not get indicted within 90 days, they're entitled to be released from jail, potentially with no bond at all (they can't be held in jail because they can't make their bond after 90 days). But that right to release does not make the case itself go away or prevent future indictment. A criminal case can legally be filed any time before the statute of limitations expires, and that would be a bare minimum of three years from the date of the offense for a felony case (sometimes longer, depending on the specific offense and circumstances like the defendant leaving the state).

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Answered on 1/11/12, 8:13 pm


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