According to Article 17.151 of the Texas Code of Criminal Procedure, a person who is detained in jail pending trial of a felony-level offense must be released either on personal bond or by reducing the amount of bail required, if the state is not ready for trial within 90 days from the beginning of the detention if he or she is accused of felony crime.
The minimum is about five days, and from there it doubles and triples, based on why the person was in jail in the first place, or what is he or she accused of.
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.
Not all people actually fit under these provisions and there are some exceptions, like imprisonment for another offense, pending trial of another accusation against the defendant, defendant’s incompetence or safety of a victim of the alleged offense.
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.
So, depending what the person is accused of, it will define how long a person can stay in jail before being indicted. It can be up to 3 months, depending on the charge.
As always, the best option is to contact Atlas Bail and go over available info and all the details. With our experience, knowledge and great customer service, we can have your loved ones back to you as soon as the law will allow us.
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