Felony arraignment had a typo - how long to fix?

[veruca47]

What is the name of your state?

Texas (Dallas County)

Two weeks ago an accountant friend found out that an ex-employer from 2005 was charging her with theft over 100K. When she found out about the indictment, she turned herself in so she wouldn't be picked up by deputies. However, the indictment had a typo. Instead of being charged with theft over 100K, she was charged with theft over 200K. This was, according to the District Attorney's office, a typograpical error on their part.

However, she has never been arraigned on the correct charge (she was arraigned on the wrong charge - 200K theft). Since theft over 200K is a 1st degree felony, nobody can bail her.

Do the courts have a time limit on arraigning her on the correct charge? How long does she have to sit in jail before this is fixed? She has some friends who would like to try to bail her. The jails here are so bad, the feds are after the sheriff's dept to fix it or they'll sue. And her attorney doesn't seem to have a clue either.

 

[HomeGuru]

What is the name of your state?

Texas (Dallas County)

Two weeks ago an accountant friend found out that an ex-employer from 2005 was charging her with theft over 100K. When she found out about the indictment, she turned herself in so she wouldn't be picked up by deputies. However, the indictment had a typo. Instead of being charged with theft over 100K, she was charged with theft over 200K. This was, according to the District Attorney's office, a typograpical error on their part.

However, she has never been arraigned on the correct charge (she was arraigned on the wrong charge - 200K theft). Since theft over 200K is a 1st degree felony, nobody can bail her.

Do the courts have a time limit on arraigning her on the correct charge? How long does she have to sit in jail before this is fixed? She has some friends who would like to try to bail her. The jails here are so bad, the feds are after the sheriff's dept to fix it or they'll sue. And her attorney doesn't seem to have a clue either.

**A: why are you so concerned?

 

[CavemanLawyer]

There really isn't any time limit at all that the State needs to meet. They could even take it to trial on that indictment because the correct amount is still a lesser included offense. This happens all the time actually, but usually with other crimes, (ex: drug possession indicted weighing some amount but after it comes back from the lab it comes in weighing less.)

The proper procedure for this is for her attorney to file a motion for bond reduction and request a hearing. At the hearing he/she can mention how it is incorrectly plead as a 1st degree felony and how, if plead correctly, a lower bond would be more appropriate. Its very concerning that an attorney representing someone on a felony doesn't know this.

 

[CavemanLawyer]

No, it should make a difference in the bond amount. $100,000<$200,000 would only be a second degree felony and the degree of felony is the starting point on the bond schedule, so going down one degree could reduce the bond quite a bit. Of course its still in the judge's discretion as to whether to lower it or not.

Also, its not so much that the person can now afford an $80,000 bond as opposed to a $100,000 bond, its that bonding companies will now be willing to post bond since you've only got a second degree felony as opposed to a first.