Legal Question in Criminal Law in Texas

By statute in Texas, the law requires you to be taken before a magistrate judge without "uneccesary delay" which is set out at 48 hours after arrest. This does not necessarily result in release. This appearance before a magistrate is so that certain legal warnings can be provided and if the person qualifies for bail, so that bail can be set. If the person was arrested on a probable cause arrest warrant, the judge issuing the warrant may have set bail when the warrant was issued. Formal charges do not have to be filed within the 48 hour time period.

Bail can only be denied in certain situations such as some capital murders. If bail is not posted, an examining trial can be requested which can at times result in release. Additionally, a person is entitled to release on a personal bond if the state is not ready for trial within time periods that vary according to the severity of the charges (felonies are 90 days). Of course, the state cannot be ready for trial if there is no formal charge.

It is recommended that if you are arrested you contact a qualified criminal law specialist immediately to explain and enforce these rights and other rights, to secure bail, or a lower bail. The rules vary slightly according to the situation, the venue and local practice. A writ of habeas corpus can also be used to secure release.

Wes Ball [email protected]