Legal Question in Criminal Law in Texas

My son was arrested for 0.01 grams of meth and was charged for a felony in Harris Co. Bail was $ 15,000 and they keep resetting his court date. It was reset again today and he has been incarcerated for 90 days with no indictment. Is this legal?


Asked on 6/20/14, 2:04 pm

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

Please call his court appointed lawyer and the DA's office and tell them article 17.151 of the Texas Code of Criminal Procedure requires that he be released on a PR bond. Before you get too indignant though, you may want to check to make sure there are no OTHER cases holding him or OTHER holds on him (eg. Blue Warrant, or probation violation hold etc.). You also NEED to make sure your son did NOTHING to delay the matter. For example, did he ask for the grand jury to be reset so he could testify? If none of the above exceptions apply, he needs to be out of jail after 90 days if no indictment.

http://www.statutes.legis.state.tx.us/Docs/CR/htm/CR.17.htm

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Answered on 6/20/14, 2:11 pm


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