Understanding the 90-day indictment rule in Texas can be crucial for anyone facing felony charges. This rule requires the state to be prepared for trial within 90 days of a felony arrest, and while it doesn’t automatically lead to case dismissal, it may entitle the defendant to a personal recognizance (PR) bond if an indictment isn’t issued within this period.
In this article we’ll explore the impact of the 90-day indictment rule on felony cases, covering what happens if:
- an indictment isn’t issued within 90 days or 180 days,
- the types of bonds available, and
- how a skilled criminal defense attorney can leverage these timelines to help clients.
Will My Case be Dismissed if I am not Indicted in 90 days?
No, a case in Texas will not be dismissed if the person is not indicted within 90 days. However, that person may be entitled to a personal bond or personal recognizance (PR) bond, meaning their bond is reduced to $0, if they are not indicted within 90 days.
Unless the Court acts sua sponte or on their own, an attorney can bring this to the attention of the Court by filing a motion or urging the relevant Texas Court of Criminal Procedure section to the Court, which is Article 17.151. Legal counsel for the criminal defendant must raise this issue by oral or written petition prior to the case being indicted, because after indictment this issue becomes moot or unavailable to the defendant.
How Long Does Texas Have to Indict Someone?
In Texas, Article 17.151 of the Texas Court of Criminal Procedure mandates that when a felony accusation is lodged against a Texas citizen, the State must be ready for trial within 90 days of the felony arrest. There is a requirement in Texas that a person must be indicted prior to being tried for a felony criminal charge.
This means, the State has 90 days to indict a person from the day of their arrest. If a person is not indicted within that time frame, the 90 day indictment or trial rule comes into effect from Article 17.151. It’s important to note that this rule applies only to felonies; misdemeanors typically do not require an indictment process. (What Does it Mean to Have a Criminal Case Indicted?)
Does My Case Get Dismissed If I Am Not Indicted in 90 Days?
The short answer is no in most circumstances. However, if you hire a criminal defense attorney, they can help you secure a PR bond for you, allowing you to be released with a $0 bond. This would be achieved by your attorney filing an Article 17.151 Habeas petition for your release and bringing to the attention of the Court you were not indicted by the 90th day after your arrest.
Your attorney can then review your case and advocate on your behalf. If the evidence is strong for your defense, they can negotiate with the State to potentially reduce or drop the charges, depending on the evidence presented against you.
What If I Am Not Indicted Within 180 Days In Texas?
According to Article 32.01 of the Texas Code of Criminal Procedure, if a person is held in state custody for more than 180 days without an indictment, they are entitled to a personal recognizance (PR) bond and potentially a dismissal.
A PR bond allows for release without the need for any financial deposit, essentially a zero-dollar bond, although it comes with conditions that the defendant must follow. In regards to a dismissal, according to Article 32.01 of the Texas Code of Criminal Procedure and the ruling of the Texas Court of Criminal Appeals in Ex Parte Edie Dione Martin, the State is required to indict a defendant by the next term of the grand jury after the one in which the defendant was arrested or show good cause for their failure to do so.
A dismissal can occur in situations where the prosecution has not presented an indictment, without good cause, by the later of (1) the last day of the next term of the grand jury after the defendant was arrested and magistrated; or (2) the 180th day after the defendant’s bail had been set after magistration on the charges. The law presumptively holds that a case should be indicted or filed within 180 days to afford a Texas defendant their opportunity for a speedy and public trial.
How Can You Get a PR Bond?
Aside from the 90-day rule found in Article 17.151, individuals with minor charges and little to no criminal history may qualify for a PR bond. However, those facing more serious charges or with a significant criminal history typically do not receive a PR bond after being arrested.
The Texas Penal Code creates a specific exception, in Article 17.151, for individuals in jail who have not been indicted within 90 days due to a defendant’s absolute right to a speedy trial in the United States of America, regardless of their criminal history or the severity of the charges.
Understanding the 90-Day Indictment Rule
The 90-day indictment rule is often misunderstood. The law states that from the day of your arrest, the state has 90 days to bring an indictment against you. (What Does it Mean to Have a Criminal Case Indicted?) An indictment is a formal charge for an alleged felony offense. If the state fails to issue an indictment within 90 days, your bail must be set at $0, resulting in a PR bond.
What Is a PR Bond?
A PR bond is a personal recognizance or personal bond, meaning you do not have to pay anything upfront to be released. You are essentially promising the court that you will appear on your court date, relying on your word as a person. In essence, you are giving your word to the Court you will appear without putting financial collateral down. However, if you fail to appear, a warrant can still be issued for your arrest as described below.
Can I Get a PR Bond From a Bail Bond Company?
Bail bond companies typically profit from the cash bond amount set by the court. This is also commonly called a surety bond. Since PR bonds are $0, these companies usually do not offer assistance with this service. However, if you hire a criminal defense attorney, they will often file a petition for a PR bond on your behalf as part of their legal representation in your case.
Can a PR Bond Be Revoked?
Yes, a PR bond can be revoked for violating bond conditions, which would lead to a warrant being issued and the 90-day rule no longer applying. A PR bond operates similarly to a surety or cash bond, with the key difference being that no cash is required upfront. You will still have bond conditions that you must abide by while being on a PR bond.
Are There Conditions On a PR Bond Such As an Ankle Monitor or Breathalyzer?
Yes, there are bond conditions associated with a PR bond such as an ignition interlock, a GPS ankle monitor, drug testing, and even a no contact order with a person or location. Being granted a PR bond does not mean that the person is free from obligations, or that their case is dismissed. You must comply with bond conditions and attend all future court dates. Failing to do so can result in a warrant and make you ineligible for a PR bond in the future.
Does My Case Get Dismissed If I Am Not Indicted Within 90 Days In Texas?
No, a defendant’s case is not dismissed simply for not being indicted within 90 days. While you are entitled to a PR bond, your attorney must bring this to the court’s attention, typically through a habeas petition for release on a PR bond in accordance with Texas Penal Code Article 17.151.
A case may be dismissed if there is not an indictment more than 180 days after a defendant is arrested and magistrated. However, the good cause legal analysis discussed above must be applied to the facts of that situation to see how Texas Penal Code Article 32.01 will be applied.
How Can I Get Help Asserting the 90-Day Rule In Texas?
The Austin Hagee Law Firm has extensive experience working with various bond types and is well-versed with articles 17.151 and 32.01 of the Texas Penal Code. If you prefer to invest in a quality attorney rather than a large bond, and believe the 90-day rule may apply to your situation, feel free to reach out to us if you are interested in retaining our firm.
Please keep in mind the information contained in this blog is not legal advice for any specific situation and is provided for general reference only. Every legal case and factual situation is different and our attorneys cannot give any legal advice until retained on your case.
Austin M. Hagee is a trusted and proven San Antonio trial lawyer who tirelessly defends his clients’ constitutional rights. As a former prosecutor turned nationally recognized criminal defense attorney, Austin has the knowledge and expertise to get the best possible outcome for his clients.
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