Legal Question in Criminal Law in Texas

can indictments be thrown out

A police officer in the neighboring city where my ex-wife work as a dispatcher was indicted by the grand jury for official oppression. Its been over three years and he has still not been to court, and today she found out that the district attorney doesn't want to take the case. I thought they had to if he was indicted. Does the district attorney have to prosecute the case?


Asked on 3/29/04, 10:28 pm

1 Answer from Attorneys
John Armstrong The Law Office of John W. Armstrong

Re: can indictments be thrown out

Unfortunately, the statute of limitations is tolled (stopped) while the indictment is pending. However, there is the issue of Speedy Trial that may be addressed. Sometimes, criminal defense attorneys want cases not to go to trial or to court very quickly, in fact the farther time passes from the date charges are filed to trial the more memories tend to fail. Maybe that is the situation in this matter. The attorney representing your friend would know better than anyone.

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Answered on 3/29/04, 10:41 pm


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