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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 89589
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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how long does the courts have to issuse an indictment

Resolved Question:

i was arrested for sexaul assult back on jan.11 2008.i haven''t been to court.how long can the court hold my case before it goes to the grand jury
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 6 years ago.
The time between arrest and indictment can be quite long and at the discretion of the prosecutor in Texas. There are cases in Texas where it has been almost a year between arrest and actual indictment. It all depends on the DA and police putting evidence together and the DA deciding whether or not the case is even worth prosecuting. They have even had people sitting in jail that long awaiting the indictment.

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Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 89589
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
Law Educator, Esq. and 2 other Criminal Law Specialists are ready to help you
Customer: replied 6 years ago.
i was under the understanding that there was a time limit on indictments.how can the da just keep putting you off. what happen to jast and speedy trail.
Expert:  Law Educator, Esq. replied 6 years ago.

Technically, Texas Code of Criminal Procedure, Article 32.01 prevents citizens from being left in jail or on bail for long periods of time without being indicted. The DA technically only has until the next grand jury seated after the arrest to seek and obtain an indictment, but this can be extended "for good cause shown." The reason I mentioned they had no real time limit is because the courts in Texas have adopted a "totality of the circumstances" test to determine whether or not the DA has shown good cause to delay the indictment. If you wish to move the process along, then you need to file with the court a Motion to Dismiss or in the alternative for Speedy Trial pursuant to Article 32.01 which will force the DA to explain why it is taking so long.

Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 89589
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
Law Educator, Esq. and 2 other Criminal Law Specialists are ready to help you
Customer: replied 6 years ago.
thank you for the answer .now i wonder as to way mt lawyer hasn't done this as yet.
i now have a court date but is for consultion. what is consultion
thank you
Expert:  Law Educator, Esq. replied 6 years ago.

Consultation is for the attorneys to confer about moving the case. At this time you should ask your attorney about moving for a dismissal under the speedy trial act or at least asking for a speedy trial to get the process moving.

Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 89589
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
Law Educator, Esq. and 2 other Criminal Law Specialists are ready to help you
Customer: replied 6 years ago.
thank you one more question.the court of tarrent co. tx has placed me on what they call bond case load.i didn't use pretrial release i payed my on bonding co.i am not on parole or probation. i haven't been in front of no judge as of yet. and i have to report to a probation officer and submit a ua once a week and pay 60.00 dollars for fees.it is like i am already on probation and haven't made any court dates.is this a vilation of my civil rights under do process of the law.inocent till proven guily
thank you
Expert:  Law Educator, Esq. replied 6 years ago.
They can place conditions such as that upon you as a condition for baill. This is why you need to make your motion under the Speedy Trial Act.

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