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Ely
Ely, Counselor at Law
Category: Criminal Law
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Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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How do you know if you have been indicted for a crime or not

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How do you know if you have been indicted for a crime or not? If you have been in county jail for 4 months and still don't know if you have been indicted are they suppose to let you go? Can they set your case for trial without and incitment?
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Ely replied 4 years ago.
Hello,



My name is XXXXX XXXXX X am one of JustAnswer's attorneys. I'll be helping you resolve your matter today.



Please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



Who is this person in relation to you? What are they charged with? Do they have immigration status?





Customer: replied 4 years ago.

Child, aggrevated assult, American Citizen.....but my child is innocent of this crime and even has two allibis

Expert:  Ely replied 4 years ago.
Okay. Aggravated assault - felony?
Customer: replied 4 years ago.

Yes, felony.

Expert:  Ely replied 4 years ago.
Okay. Well, he's charged that is for sure. And by now, he grand jury did indict him. In Texas, there IS no specification for "speedy trial" - how long it should be before he has court. Attempts to draft certain amount of days have all failed. Therefore, it is an amalgam of case law and situation. GENERALLY SPEAKING, he should have trial in six months or less of being charged. Now you CAN bond him out, and if they bond is too high, have his attorney ask to lower it with a MOTION TO LOWER BAIL. If it goes beyond 6 months, or even five, and he is still in jail having not been able to afford the bond for the bail, have his attorney bring a HABEAS CORPUS in front of the Court, and argue to either have him tried, or release him.

Best of luck in your matter. I'm here if you need any more clarification or follow up information.



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Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 86376
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 7 other Criminal Law Specialists are ready to help you

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