Why is this woman still detained in a Texas county jail after her husband took the blame? Does the 72 hour rule apply in Texas?

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Why is this woman still detained in a Texas county jail after her husband took the blame? Does the 72 hour rule apply in Texas?

A couple, very close friends of mine, were arrested and detained in a texas county jail. Only thing I know was that they were trying to cross the border but were discovered to have a large amount of drugs in the car. It is to my understanding that the husband confessed and took the blame, saying that his wife didnt know anything about the drugs. Why, after the husband confessed, is his wife still incarcerated with charges pending? Also, in CA, we have the 72 hour rule, if the DA doesnt press charges within 72 hours, the detainee released from custody, does that same rule apply in Texas?

Asked on April 28, 2009 under Criminal Law, Texas

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

That law doesn't apply in all states.  Further, just because HE wanted to take the fall, doesn't mean prosecutor will agree.  In other words, SHE may be co-conspiring on the drugs, or the one who did it.  Now it sounds like they each need a lawyer -- not joint representation.  Try www.attorneypages.com.

 

In terms of Texas law, see the following: http://www.statutes.legis.state.tx.us/SOTWDocs/CR/pdf/CR.16.pdf


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