That is not something that can be explained to you on an internet forum. Google it and read the various resources that are available.Will someone please explain the meaning of chapter 32 of Texas Code of Criminal Procedure?
Why?Will someone please explain the meaning of chapter 32 of Texas Code of Criminal Procedure?
What do you mean the defendant was never informed?If an individual has been in custody for more than 180 days and has not been indicted, is it stating that there are grounds for dismissal? And if the court has ordered not too for good reason or by affidavit, how do you find out? Because in a similar case the prosecutor had filed for dismissal but the inmate was never informed.
I agree with doucar. Your fiancé needs an attorney. You can help him with the expense of hiring one.The part where he wasn't informed was a friend of mine and is not relevant to the case I am asking about now. It was just an example. My fiance is the defendant in custody now,. And has been in custody for 254 days and had not been indicted, I want to know the next step to take to get a motion filed? But also want to make sure that I have appropriate grounds to file. Does that make sense?
254 days is a LONG time to be held without an indictment. If he had an attorney I suspect that he would have been released long before now.I agree with doucar. Your fiancé needs an attorney. You can help him with the expense of hiring one.
A defendant can be held in jail longer than 180 days. I imagine that your fiancé knows why he is being held.
Here is a link to the law:
https://statutes.capitol.texas.gov/Docs/CR/htm/CR.32.htm
It depends on why he is being held ... but if the fiancé has an attorney, the length of time in jail would certainly be something the attorney would look into.254 days is a LONG time to be held without an indictment. If he had an attorney I suspect that he would have been released long before now.
He does have a court appointed attorney. Who was appointed back in April. But has never gone to see him, after saying he would back in April! I have been trying to get a hold of the attorney for the past 3 weeks and no answer, despite the messages I leave everyday, personal hand written letters from his client, and emails. I have also met with multiple attorneys to hire, none peck my interest254 days is a LONG time to be held without an indictment. If he had an attorney I suspect that he would have been released long before now.
The attorney is under no obligation to speak with you. You are not the client. As a matter of fact the attorney can't speak with you.He does have a court appointed attorney. Who was appointed back in April. But has never gone to see him, after saying he would back in April! I have been trying to get a hold of the attorney for the past 3 weeks and no answer, despite the messages I leave everyday, personal hand written letters from his client, and emails. I have also met with multiple attorneys to hire, none peck my interest
I have a Power of Attorney, notarized.The attorney is under no obligation to speak with you. You are not the client. As a matter of fact the attorney can't speak with you.