Understanding the 90-day indictment rule in Texas can be crucial for anyone facing felony charges. This rule requires the state to indict a defendant or 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 there is no indictment after 90 days
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 (including PR bonds and how they work),
- the grounds for dismissal of an indictment in Texas, and
- how a skilled criminal defense attorney can leverage these timelines to help clients.
The 90-day indictment rule does not automatically dismiss your case. If you are not indicted within 90 days of a felony arrest in Texas, you may qualify for release on a personal recognizance (PR) bond, but the case itself typically remains active.
A PR bond can allow release with no upfront payment. This type of bond lets you leave custody without paying bail, but it still comes with strict conditions and the requirement to appear in court.
The 180-day timeline may create stronger legal leverage. If the State delays too long without good cause, additional remedies such as dismissal may become available depending on the facts of the case.
These rights are not automatic and must be asserted. Courts typically do not act on their own, meaning a defense attorney must raise the issue through proper motions before indictment occurs.
Early legal action can significantly impact the outcome. A criminal defense attorney can use timing rules, procedural defects, and evidence issues to pursue release, dismissal, or a stronger negotiation position.
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?)
How Long Can You Be Held Without an Indictment in Texas?
If you’ve been arrested on a felony charge and are sitting in jail waiting to find out what happens next, you’re probably wondering how long the State can actually hold you. The short answer is that there are two key timelines that protect your rights:
- 90 days: If you have not been indicted within 90 days of your arrest, you may be entitled to a PR bond (a $0 bond) under Article 17.151. Your attorney must file a petition to bring this to the Court’s attention.
- 180 days: If you still have not been indicted within 180 days, you may be entitled to both a PR bond and potentially a dismissal of the charges, depending on whether the State can show good cause for the delay (under Article 32.01).
These timelines exist because of your constitutional right to a speedy trial. However, neither timeline is automatic, meaning the court will not step in on its own. You need a criminal defense attorney to assert these rights on your behalf by filing the appropriate motions.
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.
See what our clients have to say about our services:
What Are the Grounds for Dismissal of an Indictment in Texas?
While the 90-day and 180-day timelines are some of the most common paths to getting a case dismissed, they are not the only grounds. In Texas, an indictment can potentially be dismissed for several reasons:
- Failure to indict within the required timeline: As discussed above, if the State fails to indict within 180 days without showing good cause, your attorney can file a motion to dismiss under Article 32.01.
- Insufficient evidence before the grand jury: If the evidence presented to the grand jury was inadequate to support the charges, a defense attorney may challenge the validity of the indictment.
- Defective indictment: If the indictment fails to properly state the elements of the offense, contains the wrong statute, or is vague about what the defendant allegedly did, the defense can file a motion to quash (throw out) the indictment.
- Violation of the defendant’s rights: If law enforcement violated your constitutional rights during the investigation — such as conducting an illegal search or failing to read your Miranda rights — this could lead to evidence being suppressed and the case being dismissed.
- Prosecutorial misconduct: In rare cases, if the prosecution engaged in misconduct during the grand jury proceedings (such as presenting false evidence or withholding exculpatory evidence), the indictment may be challenged.
Every case is different, and the grounds for dismissal depend entirely on the facts and circumstances of your situation. A criminal defense attorney can evaluate your case and determine which of these avenues, if any, apply.
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 — which stands for personal recognizance bond, is a type of bail bond where 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.
Unlike a cash bond (where you pay the full bail amount) or a surety bond (where you pay a bondsman a percentage), a PR bond costs $0 out of pocket. This is why the 90-day indictment rule is so important, it can be the difference between sitting in jail and going home to your family while your case is pending. 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.
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 the 90-day and 180-day indictment timelines under Texas law. If you believe the 90-day rule may apply to your situation, feel free to reach out to us by calling us at 726-223-6041 if you are interested in retaining our firm. We serve clients throughout San Antonio, Bexar County, and surrounding areas of South Texas.
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.
FAQ Section
Q: Will my case be dismissed if I am not indicted within 90 days in Texas?
No. In Texas, not being indicted within 90 days does not automatically result in your case being dismissed. However, you may be entitled to a personal recognizance (PR) bond, a $0 bond, under Article 17.151 of the Texas Code of Criminal Procedure. Your attorney must file a petition to assert this right before the indictment is issued.
Q: What is a PR bond in Texas?
A PR bond (personal recognizance bond) is a type of bail bond where you are released from jail without having to pay any money upfront. Instead of posting cash or going through a bail bondsman, you are released on your promise to appear at all future court dates. PR bonds still come with conditions such as drug testing, ankle monitors, or no-contact orders.
Q: How long can you be held in jail without an indictment in Texas?
Under Texas law, the State has 90 days to indict you on a felony charge. If they don’t, you may qualify for a PR bond. After 180 days without an indictment, you may be entitled to both a PR bond and potentially a dismissal of the charges, depending on whether the State can demonstrate good cause for the delay.
Q: What are the grounds for dismissal of an indictment in Texas?
An indictment in Texas can be challenged or dismissed on several grounds, including: failure to indict within the required timeline (180 days), insufficient evidence presented to the grand jury, a defective indictment that fails to properly state the offense, violations of the defendant’s constitutional rights, or prosecutorial misconduct during grand jury proceedings.
Q: Can the 90-day rule be used if I already bonded out of jail?
The 90-day rule under Article 17.151 specifically addresses defendants who are held in custody. If you have already posted bond and are out of jail, the 90-day PR bond provision may not apply in the same way. However, the 180-day dismissal timeline under Article 32.01 can still be relevant regardless of your bond status. Consult with a criminal defense attorney to understand how these timelines apply to your specific situation.
Where to find our San Antonio, TX office:
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.
Loading...