Texas Code of Criminal Procedure Article 17.151 addresses the issue of release from jail because of delay. Article 17.151 states: A defendant who is detained in jail pending trial of an accusation against him must be released either on personal bond or by reducing the amount of bail required, if the state is not ready for trial of the criminal action for which he is being detained within:
- 90 days from the commencement of his detention if he is accused of a felony;
- 30 days from the commencement of his detention if he is accused of a misdemeanor punishable by a sentence of imprisonment in jail for more than 180 days;
- 15 days from the commencement of his detention if he is accused of a misdemeanor punishable by a sentence of imprisonment for 180 days or less; or
- five days from the commencement of his detention if he is accused of a misdemeanor punishable by a fine only.
However, there are exceptions to this rule. For example, the rule does not apply if you are serving a sentence for another offense, being detained for another pending charge, or are incompetent to stand trial. If you need help with someone being held in custody on an unfiled charge, contact Haddad Law Firm today to discuss your case before it’s too late!