If Iwas in county jail for 112 days before being indicted, does that violate any legal time constraints?

Asked on July 16, 2010 under Criminal Law, Texas


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Your question needs to be clarified.  A criminal complaint was filed against you and an arrest warrant issued.  Or you were detained for questioning and then arrested.  You were placed in jail.  Now, were you "arraigned" which is when you are brought before a Judge to enter a plea of guilty or not guilty? Generally you have a right to be arraigned without unnecessary delay.  AT the arraignment a discussion is held regarding bail.  There are different types of bail and "making bail" allows your release from jail pending the trial or hearing.  Are you saying here that you sat in jail for 112 days without being ARRAIGNED?  That is not reasonable.  You have a 6th Amendment right to counsel that should have been appointed at the arraignment.  If you did not have one then seek legal consultation from a defense attorney in your area.  They can be free.  Good luck.

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