What now?

[evalerie29]

Jurisdiction

Texas

Hello, my name is Valerie. I am reaching out because I don't know what else to do.
I have a uncle that has been sitting in jail for over 100 days and has not been indicted week after week for a possession of weapon. They have no evidence and it is only a he said she said type of thing. They talk about no billing this, but no one has made a move. The county does indictments every two weeks, and the has not been indicted
What now? What needs to happen that is not happening? Can they just keep him sitting in there with nothing against him.

 

[army judge]

What now? What needs to happen that is not happening? Can they just keep him sitting in there with nothing against him.

He has been charged, but not indicted, according to your recitation of events.

Theoretically, he can stay in jail for months, even years.

If he has been held for 100 days, his bond has been reduced.

He must also have previous felony convictions to be held this long.

He may also have holds from the federal authorities, or another state, which can keep him locked away from society.


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 accused of a felony.

The time limitation is 30 days from the beginning of the detention if the person is accused of a Class A misdemeanor. If accused of a Class B misdemeanor, then the time limitation is 15 days from the beginning of the detention, and just five days from the beginning of the detention if they are accused of a Class C misdemeanor.

The State doesn't have to release a person being held in jail after the time limitation listed above. They may still comply with the law by lowering the amount of bail required. If a person cannot afford a lower bail amount, and the lower amount is deemed reasonable by the court, then a person may still be forced to remain in jail.

That doesn't happen often, however, due to bail bond companies. The best thing to do if you are in jail and cannot afford to make bond is to contact a reputable bail bonds company. Ask for referrals and have your friends or family talk to a few bond companies before deciding which one to go with.

Typically, you will pay a bail bondsman 10 percent of the bond amount, and they will "vouch" for the remainder of the bond amount (think of them as a co-signer on a loan). If you show up for your court dates and dispose of your charges, then the bond company is relieved of their financial obligation to the court and they keep your 10 percent as their fee.

If you do not dispose of your charges, or if you miss a court date, then your bond may be revoked and the bond company will have to pay the court the full amount of your bond. You do not want that to happen. A new warrant will be issued for your arrest and you'll end up right back where you started, minus your original bond amount.

 

[mightymoose]

Is he on parole or have any prior record?
There seems to be something missing here.
Is there any question of his US citizenship?

 

[army judge]

Is he on parole or have any prior record?
There seems to be something missing here.
Is there any question of his US citizenship?

Bingo, you're in the ballpark, and Texas aggressively goes after ALL border invaders and holds them for the feds.