Legal Question in Criminal Law in Texas

My son is in jail in Granbury, Texas and has been there for over 60 days. He was "accused" of one felony theft and 3 misdemeanor thefts. I'm told that he hasn't actually been charged yet. He originally was being held on $25,000 bond for bail but, just recently the misdemeanor charges have only a personal recognisance bond.He is awaiting a hearing to try to get what's left, a $10,000 felony bond reduced. I'm told that he hasn't actually been charged for anything yet. In that case, is it legal to keep him in jail without properly charging him? At his misdemeanor hearing, the prosecutor didn't even have any record of him being in jail and the public defender had to both inform him of the situation as well as give him copies of the paperwork she had. So, again I ask, is this legal and if so, just how long can my son be kept in jail without being charged for a crime? At the hearing it was stated that he has been "accused" of the crime...not charged with the crime. By the way, my son is 19 years old, if that matters. Thank you, Brett Cherry, Oklahoma.


Asked on 7/31/10, 9:40 pm

1 Answer from Attorneys
Robert Tuthill Law Office of Robert H. Tuthill

The state must be ready to proceed within 90 days on the felony, so the 90 days must pass before your son is entitled to any relief. That relief is a bond he can afford or a PR bond. the State has less time on misdemeanors. It sounds like the court has already taken appropriate action on those cases since you say that he has PR bonds on those.

So the State has another 30 days to get an indictment and be ready to proceed before your son is entitled to some relief. Having said that, the court could lower the bond immediately if the Judge desires.

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Answered on 8/05/10, 10:25 pm


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