Legal Question in Criminal Law in Texas
Waiting
Is it normal for someone who is out on bond to have to wait a long time for the district attorney to decide if they want to file a formal criminal complaint against someone? I have been out on bond since early December and I cannot go back to work until this case is resolved. Is it also normal for a police department to wait 2 years to issue an arrest warrant for a simple assault case then turn it into Injury to a Child? I am being as patient as I can but I know I am ready to go back to work or fight this charge.
2 Answers from Attorneys
Re: Waiting
You might consider hiring an attorney. Things are likely to go quicker if you have an attorney who is pursuing the case.
Re: Waiting
The answer to both of your questions is yes. The period since you made bail is not very long at all. Remember that police officers are not attorneys. Police may believe they have probable cause for arrest for a particular charge only to have the charge amended or completely changed by prosecuting attorneys. Prosecutors will normally charge the highest offense they feel they can convict on. If this happens, the prosecutors may send the case back to police for further investigation. This and other administrative and procedural processes takes time. Retain an attorney as soon as possible.
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