Can I Get Out of Texas Jail if I Am Not Indicted? 

 Posted on September 19, 2024 in Criminal Defense

An indictment is a formal accusation that someone has committed a crime issued by a grand jury after reviewing evidence that a prosecutor has. Unlike a simple criminal charge, which is typically filed by law enforcement or a prosecutor, an indictment means that a grand jury has determined there is enough evidence to charge someone with a felony formally. 

Indictments are generally required for more serious offenses and help protect people from unjust prosecution. Without an indictment, a person cannot be brought to trial for a felony. If you are facing a felony indictment, contacting an aggressive and experienced Collin County, TX criminal defense attorney is important to protect your rights and build a strong defense.

What Is the Difference Between a Criminal Charge and an Indictment?

A criminal charge and an indictment are related but distinct concepts in the legal process. A criminal charge is an accusation made by law enforcement or prosecutors, typically when someone is first arrested. It does not require a grand jury’s involvement and can be filed based on evidence that the police or prosecutor believe is enough to accuse someone of a crime. On the other hand, an indictment comes after a grand jury reviews the evidence and agrees that there is probable cause to formally charge someone with a felony. 

What Is the Criminal Trial Process?

• The criminal trial process can be complex and begins with a criminal charge, where law enforcement formally accuses someone of committing a crime. 
• After charges are filed, prosecutors may seek an indictment from a grand jury, especially in felony cases. 
• If an indictment is issued, the case moves forward, and both sides enter discovery, where evidence is exchanged between the defense and prosecution. 
• This is followed by pre-trial motions, where the attorneys argue over what evidence can be used in court. 
• If the case is not settled through a plea agreement, it proceeds to trial, where the prosecution must prove the defendant’s guilt beyond a reasonable doubt.

What Happens If I Have Not Been Indicted After 180 Days?

In Texas, if you have been charged with a felony but no indictment has been issued after 180 days, your rights may be at risk. Under Texas law, if a defendant is in jail and no indictment is returned within 180 days, the defendant may be entitled to release on a reduced bond or possibly released from custody altogether. Additionally, Texas upholds the right to a speedy trial under both the U.S. Constitution and the Texas Code of Criminal Procedure. Delays without an indictment could result in the dismissal of charges. A skilled defense attorney can help ensure that any violation of your rights due to delays is addressed quickly and effectively.

Can Prosecutors Charge Me Again If They Do Not Indict Me In Time? 

If prosecutors in Texas fail to secure an indictment within 180 days, the charges can be dismissed under Article 32.01 of the Texas Code of Criminal Procedure. However, this dismissal is usually without prejudice, meaning the prosecutor can refile the charges at a later date as long as the statute of limitations for the crime has not expired. 

Dismissal without prejudice allows the state to bring the case back if they gather more evidence or fix procedural issues. Double jeopardy protections do not apply unless the case has gone to trial, so while the delay might result in a temporary reprieve, the risk of future prosecution remains​.

Contact a Collin County, TX Criminal Defense Lawyer

A delay in your indictment can be confusing and stressful, especially when your rights and freedom are at stake. At The Crowder Law Firm, P.C., our experienced Plano, TX criminal defense attorneys understand Texas law and will fight to protect your rights throughout the legal process. Whether your case involves a pending indictment or other criminal defense matters, we are here to provide the strong representation you need. Call us 24/7 at 214-544-0061 to schedule a free consultation and discuss your case with our team.