Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Criminal Law

how long does the courts have to issue an indictment

Customer Question
i was arrested for sexaul...
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: 9 years ago.Category: Criminal Law
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 20 hours by:
6/2/2008
Criminal Lawyer: Law Educator, Esq., Lawyer replied 9 years ago
Law Educator, Esq.
Category: Criminal Law
Satisfied Customers: 121,086
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
Verified
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.

If you found my answer helpful, please click on the GREEN ACCEPT button. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!
Law Educator, Esq.
Category: Criminal Law
Satisfied Customers: 121,086
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
Verified
Law Educator, Esq. and 87 other Criminal Law Specialists are ready to help you
Ask your own question now
Customer reply replied 9 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.
Criminal Lawyer: Law Educator, Esq., Lawyer replied 9 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.
Category: Criminal Law
Satisfied Customers: 121,086
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
Verified
Law Educator, Esq. and 87 other Criminal Law Specialists are ready to help you
Ask your own question now
Customer reply replied 9 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
Criminal Lawyer: Law Educator, Esq., Lawyer replied 9 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.
Category: Criminal Law
Satisfied Customers: 121,086
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
Verified
Law Educator, Esq. and 87 other Criminal Law Specialists are ready to help you
Ask your own question now
Customer reply replied 9 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
Criminal Lawyer: Law Educator, Esq., Lawyer replied 9 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.
Ask Your Own Criminal Law Question
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 121,086
121,086 Satisfied Customers
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience

Law Educator, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,194 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,063 satisfied customers

16 yrs. of experience including criminal law.

RobertJDFL

RobertJDFL

Lawyer

1,862 satisfied customers

Experienced in multiple areas of the law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

Nate

Nate

Lawyer

1,736 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,631 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

AttorneyTom

AttorneyTom

Lawyer

1,242 satisfied customers

Attorney

< Previous | Next >

Related Criminal Law Questions
Can a judge make an accurate criminal ruling without a
Can a judge make an accurate criminal ruling without a police report to document facts, and merely rely on the foggy untrue memories-from months earlier_ of a bankrupt punished policeman who now works… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
My girlfriend was charged with a criminal offense and is
My girlfriend was charged with a criminal offense and is using the local version of the "Public Defender" as her attorney. This particular case is a misdemeanor, but it relates to a felony conviction … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,693 satisfied customers
My girlfriend was charged with a criminal offense and is
My girlfriend was charged with a criminal offense and is using the local version of the "Public Defender" as her attorney. This particular case is a misdemeanor, but it relates to a felony conviction … read more
Bill Attorney
Bill Attorney
law
1,604 satisfied customers
I'm looking for a criminal defense attorney in the Miami FL
I'm looking for a criminal defense attorney in the Miami FL area … read more
Law Educator, Esq.
Law Educator, Esq.
Lawyer
121,086 satisfied customers
I live in the state of or this is for a law criminal lawyer.
I live in the state of Virginia or this is for a Virginia law criminal lawyer. A neighbor called the police in April of 2016 as she thought I was too noisy. She moved out in September of 2016. She and… read more
Thelawman2
Thelawman2
Doctoral Degree
1,295 satisfied customers
If a Plaintiff in a case, engaged in a criminal act, and
If a Plaintiff in a case, engaged in a criminal act, and that individual was the Plaintiff of a case which the State was representing; what effect would that have on their case standing?… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,693 satisfied customers
Should a criminal case be stayed or request for later
Should a criminal case be stayed or request for later pretrial hearing for premarked exhibits if there are pending proceedings for two civil cases related to a federal criminal case that may change th… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,714 satisfied customers
In Massachusetts. A police report filed for Criminal
In Massachusetts. A police report filed for Criminal Harassment (c265, s43A) contained firearms license status, and "he purchased 20 guns in the year leading up to this dispute." No malice, no threats… read more
James Daloisio
James Daloisio
Attorney
Doctoral Degree
82 satisfied customers
In criminal court, I understand that when an accused has
In criminal court, I understand that when an accused has Clemency from the State Board of X that it can not be held against the accused.So what about in civil court?… read more
Ray
Ray
Lawyer
Doctoral Degree
30,865 satisfied customers
Criminal felony case in Indiana. Initial investigation
Criminal felony case in Indiana. Initial investigation started 3/2011, arrest and charges filed 6/2014, here it is 11/2017 and matter set for trial 1/2018. Were there violations of a speedy trial or s… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
In osfuskee county ok in a criminal felony case do the
In osfuskee county ok in a criminal felony case do the arresting officer have only 48 hrs to submit police report and if not submitted on time is that grounds for dismissal and is there a 60day speedy… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
I have a question about procedure in criminal court in
I have a question about procedure in criminal court in Texas; specifically if there is any way to request a pretrial hearing prior to indicment of a felony … read more
Ray
Ray
Lawyer
Doctoral Degree
30,865 satisfied customers
Is it not uncommon for criminal court judges or their
Is it not uncommon for criminal court judges or their court's administration (e.g. bailiffs) to manipulate the only clock on the wall in the courtroom (e.g. set it purposely ahead of or behind the act… read more
Law Educator, Esq.
Law Educator, Esq.
Lawyer
121,086 satisfied customers
I had a criminal court hearing and was sentenced, but was
I had a criminal court hearing and was sentenced, but was never sworn in can this be thrown out… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,779 satisfied customers
It's a criminal law question It's a criminal law question.
It's a criminal law question It's a criminal law question … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,779 satisfied customers
I'd like some information on Speedy Trial in Texas,
I'd like some information on Speedy Trial in Texas … read more
Law Educator, Esq.
Law Educator, Esq.
Lawyer
121,086 satisfied customers
In, county, Illinois criminal court regarding someone
In cook, county, Illinois criminal court regarding someone charged with aggravated battery(not the lawyer), is an outside criminal lawyer (meaning, he didn't have anything to actually do with the case… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
Second opinion] I have a court case criminal it has been
Second opinion] I have a court case criminal it has been almost 2yrs and I never sighned my speedy trial rights away this is granyt co wa. I had court today they reset it for a week the judge stated t… read more
Law Educator, Esq.
Law Educator, Esq.
Lawyer
121,086 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x