Does waiting for extradition count in Texas?

[things4all]

What is the name of your state (only U.S. law)? Texas,

So I got a buddy that was arrested in Hawaii for a charge of aggravated sexual assault in Texas. He spent 30 days waiting to be extradited to Texas. He did not fight it. He is now in Travis County Jail and has not been indicted. It has been just about 90 days since he was arrested. and about 60 since he was booked into Travis County. Will the 90 day felony indictment time count the time in Hawaii? or will he have to wait another 30 days before he can file a writ?

 

[OHRoadwarrior]

Nope, the time spent in HI was warming the bench.

 

[Ohiogal]

Nope, the time spent in HI was warming the bench.

Say again? If he was in custody on the charges for which he will go to trial that counts towards the speedy trial time. Did he do a time waiver at any point? That is the pertinent question to ask and what I will ask now.

 

[OHRoadwarrior]

My understanding is (absent a Federal warrant), if he is being charged for the original crime, he is currently in jail for it in TX getting credit. In HI he was in jail for the warrant. Please let me know if my understanding is wrong.

 

[Ohiogal]

My understanding is (absent a Federal warrant), if he is being charged for the original crime, he is currently in jail for it in TX getting credit. In HI he was in jail for the warrant. Please let me know if my understanding is wrong.

He was charged and extradited on said charge by way of warrant from HI. The HI time counts towards speedy trial. However, the time out state during which he was charged does not count towards his speedy trial time. Other things may toll that time as well -- did he fight extradition? Did he have any continuances? Did he waive his right to a speedy trial? So yes, that time counts unless it doesn't (as in time was tolled for specific reasons).

 

[OHRoadwarrior]

Thank You, I apologize for not understanding. I thought it was based more on the Federal or state charge issue.

He was charged and extradited on said charge by way of warrant from HI. The HI time counts towards speedy trial. However, the time out state during which he was charged does not count towards his speedy trial time. Other things may toll that time as well -- did he fight extradition? Did he have any continuances? Did he waive his right to a speedy trial? So yes, that time counts unless it doesn't (as in time was tolled for specific reasons).

 

[Ohiogal]

Thank You, I apologize for not understanding. I thought it was based more on the Federal or state charge issue.

The time out of state when he was NOT incarcerated does not count towards speedy trial time.

 

[CavemanLawyer]

I don't think the original poster is asking about a speedy trial, which is typically a constitutional right, he is asking about a speedy indictment which at least in Texas, is a statutory right. The pertinent statute is code of criminal procedure 17.151 and yes the time he spent in Hawaii waiting to be extradicted does count towards his 90 days. If he was in custody for anything else though then the 90 days doesn't run. If what you say is all correct than his 90 days already expired and he should simply have his attorney file for bond reduction due to the delay. Failure to indict within 90 days means that he must be released on a PR bond or a bond he can make, however there is caselaw that still allows a Judge to set a bond higher for the safety of the community.

Failure to indict in 90 days only effects pre-trial detainment and doesn't impact the ability of the DA's office to continue prosecution. A speedy trial violation on the other hand would prohibit further prosecution but it sounds like he fled the jurisdiction with an outstanding warrant so all speedy trial timetables are tolled until he comes back to Texas.

He will receive jail credit for all time spent in custody on this charge, including time in Hawaii awaiting extradition, unless he waives it as part of his plea bargain.

Art. 17.151. RELEASE BECAUSE OF DELAY.

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

(1) 90 days from the commencement of his detention if he is accused of a felony;

(2) 30 days from the commencement of his detention if he is accused of a misdemeanor punishable by a sentence of imprisonment in jail for more than 180 days;

(3) 15 days from the commencement of his detention if he is accused 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 only.

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

(1) serving a sentence of imprisonment for another offense while the defendant is serving that sentence;

(2) being detained pending trial of another accusation against the defendant as to which the applicable period has not yet elapsed;

(3) incompetent to stand trial, during the period of the defendant's incompetence; or

(4) being detained for a violation of the conditions of a previous release related to the safety of a victim of the alleged offense or to the safety of the community under this article.

 

[Ohiogal]

I don't think the original poster is asking about a speedy trial, which is typically a constitutional right, he is asking about a speedy indictment which at least in Texas, is a statutory right. The pertinent statute is code of criminal procedure 17.151 and yes the time he spent in Hawaii waiting to be extradicted does count towards his 90 days. If he was in custody for anything else though then the 90 days doesn't run. If what you say is all correct than his 90 days already expired and he should simply have his attorney file for bond reduction due to the delay. Failure to indict within 90 days means that he must be released on a PR bond or a bond he can make, however there is caselaw that still allows a Judge to set a bond higher for the safety of the community.

Failure to indict in 90 days only effects pre-trial detainment and doesn't impact the ability of the DA's office to continue prosecution. A speedy trial violation on the other hand would prohibit further prosecution but it sounds like he fled the jurisdiction with an outstanding warrant so all speedy trial timetables are tolled until he comes back to Texas.

He will receive jail credit for all time spent in custody on this charge, including time in Hawaii awaiting extradition, unless he waives it as part of his plea bargain.

My apologies for the misunderstanding the difference. I stand corrected on Texas law.