Indictments in Texas

[Lawest419]

Will someone please explain the meaning of chapter 32 of Texas Code of Criminal Procedure?

 

[LdiJ]

Will someone please explain the meaning of chapter 32 of Texas Code of Criminal Procedure?

That is not something that can be explained to you on an internet forum. Google it and read the various resources that are available.

 

[quincy]

Will someone please explain the meaning of chapter 32 of Texas Code of Criminal Procedure?

Why?

 

[Lawest419]

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.

 

[Lawest419]

I have read and studied the entire Texas Code of Criminal Procedures, penal code, Texas constitution, the statutes, and have begun government code criminal and health. But, it's hard to understand exactly what something's are saying and one connects to another or one is the same thing as another chapter but worded different. I am trying to double check I am understanding what I am reading by checking with a professional.

 

[quincy]

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.

What do you mean the defendant was never informed?

Are you related to or are you a friend of the defendant?

 

[Lawest419]

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?

 

[doucar]

You cannot file a motion, that would be the unauthorized practice of law and subject you to criminal penalties. Does your fiancee have an attorney?

If not your best action would be to hire him one.

 

[quincy]

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?

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

 

[LdiJ]

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

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.

 

[quincy]

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.

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.

 

[CavemanLawyer]

CCP 32.01 is never used. The Court can just deny it if the prosecutor states they still intend on going forward with charges. If the court does dismiss the charges then there is no prejudice so the State can just refile the charges and now you have to get arrested all over again. This chapter is mainly for bonding companies to get off bonds for cases that have fallen through the cracks. If not for this section they'd have no standing to approach the court to get released from the bond.

The more applicable statute when the defendant is in custody with no indictment is CCP 17.151 and it only requires 90 days with no indictment. The attorney files a writ for release due to delay. The fact that there is no indictment after 90 days is automatic proof that the State isn't ready for trial and means that the Defendant must be released either on a personal recognizance bond or a bond they are guaranteed to make. The charges don't go away the Defendant just gets to be released on bond awaiting trial.

 

[Lawest419]

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 interest

 

[Just Blue]

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

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.

 

[Lawest419]

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.

I have a Power of Attorney, notarized.