How Long Do They Have To Indict You In Texas

A "P.R. Bail" is defined past the law as a "personal bond" and allows a defendant to leave on his own recognizance. This means that the defendant does non accept to mail a bond. The defendant but gives his discussion that he volition show up for the time to come courtroom engagement if and when it occurs, and faces further criminal penalties if he fails to appear.

The about well-known personal bond is the ninety day P.R. bond. After ninety days of incarceration and if the Country has not indicted a defendant, such a person is mostly entitled to a 90-twenty-four hours personal bond. This is not the simply class of a personal bond, as misdemeanor offenses have a shorter waiting period, with those charged with fine-only misdemeanors beingness eligible after only five days of detention without indictment.

Personal Bonds In Texas Law

Texas Lawmaking of Criminal Process article 17.151, "Release because of delay," provides statutorily for a personal bond. The article provides in full:

Sec. 1. A defendant who is detained in jail pending trial of an allegation against him must be released either on personal bond or by reducing the amount of bail required, if the state is not ready for the trial of the criminal action for which he is being detained within:

1. 90 days from the commencement of his detention if he is defendant of a felony;
2. 30 days from the get-go of his detention if he is accused of a misdemeanor punishable by a sentence of imprisonment in jail for more than than 180 days;
3. 15 days from the commencement of his detention if he is defendant of a misdemeanor punishable by a sentence of imprisonment for 180 days or less; or
4. five days from the commencement of his detention if he is accused of a misdemeanor punishable by a fine but.

Sec. 2. The provisions of this article do not apply to a defendant who is:

1. serving a sentence of imprisonment for another law-breaking while the accused is serving that judgement;
2. being detained pending trial of another accusation against the defendant as to which the applicable catamenia has not still elapsed;
3. incompetent to stand trial, during the period of the accused's incompetence; or
4. existence detained for a violation of the atmospheric condition of a previous release related to the condom of a victim of the declared offense or to the safety of the community under this article.

Encounter TEX. CODE CRIM. PROC. ANN. art. 17.151 (West 2018).

Translation

For those accused of a felony, the accused is generally entitled to a personal bail after 90 days of incarceration have elapsed if the accused has not been indicted.

Defendants exempt from obtaining a bond are those who have a "hold" in another jurisdiction or are non trusted by the courtroom to follow through on the atmospheric condition of the bond. A agree means that a defendant has a capias or warrant in some other jurisdiction or a charge in another jurisdiction where bond has not been posted.

The 90 Twenty-four hours P.R. Bond Process

Every bit with other personal bonds and bond reductions , just an attorney tin can become this done for you. The attorney will either become an agreed society from the State or, if the State volition non concur, the attorney will take to bring the defendant to court for a hearing in front of the Judge. The Estimate would and then exist required to grant the defendant a personal bail if the defendant so qualifies and has not been indicted even so.

Bonds for Misdemeanors

Misdemeanors have lesser punishments than felonies but can still result in jail time prior to indictment.

Class A Misdemeanors

In that location is only a 30-day requirement of incarceration without the filing of information for class A misdemeanors (data is the charging certificate in a misdemeanor case, versus an indictment in a felony case).

Class B Misdemeanor

At that place is merely a xv-day requirement of incarceration without the filing of an information for class B misdemeanors.

Class C Misdemeanor

This almost never occurs considering a Class C Misdemeanor is non punishable past any jail time whatsoever. At that place is a minimum of v days of jail time without indictment before a personal bond tin be requested.

The Bottom Line

You volition need to get an attorney to accomplish this for you lot. Only an chaser can coordinate a 90-solar day personal bail with the District Attorney'southward Role. They can also get you a bond hearing in front end of a district judge. Contact Example J. Darwin, we are here to help!

Source: https://www.casedarwinlaw.com/faqs/90-day-personal-bond/

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