Legal Question in Criminal Law in Texas

How long can you be held?

My ex-husband was arrested for possession of a controlled substance 4 grams. He has been held in the county jail now for about 30-40 days. I called to see when his court date is & was told that he had not even been indicted yet and that they had until the end of this grand jury session to do so. Well, that is not until June. If he is unable to make bail & they never indict, can they really hold him there from October until June? That just doesn't seem right.


Asked on 11/14/03, 3:41 pm

1 Answer from Attorneys
Michael Lowe Law Offices of Michael C. Lowe

Re: How long can you be held?

He cannot be held any longer than 180 days without indictment or the end of the next grand jury term after arrest, whichever is longer.

Also check to see whether a case has been filed yet. If no case filed, then he probably has not been arraigned before a magistrate. If not arraigned by magistrate within 72 hours of arrest, he can get out on application of your attorney.

Your attorney should know this stuff and should be able to help.

Read more
Answered on 11/15/03, 12:51 pm


Related Questions & Answers

More Criminal Law questions and answers in Texas