Texas Waiver of an Indictment
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How to fill out Texas Waiver Of An Indictment?
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FAQ
Many felonies have a 3-year statute of limitations. This is the norm. More serious felonies and felonies that are harder to discover like insurance fraud have a 5-year statute of limitations. Some offenses have a statute of limitations tied to the age of the alleged victim, such as injury to a child.
If someone is detained for a crime, but there isn't an indictment filed within 180 days, the suspect may be accused of a misdemeanor. A misdemeanor is considered to be a lesser serious crime than a felony. Therefore, it can be punished with a maximum penalty of one year in the county jail.
WAIVER OF ARRAIGNMENT. An attorney representing a defendant may present a waiver of arraignment, and the clerk of the court may not require the presence of the defendant as a condition of accepting the waiver. Added by Acts 2001, 77th Leg., ch. 818, Sec. 1, eff.
Beyond the arrest the D.A.'s office has 90 days in which to indict the case by presenting a case to the grand jury and securing a True Bill. Individuals still in jail beyond 90 days without the presentment of a case to the grand jury must be released on a reduced bond or a personal recognizance bond.
After the Grand Jury hands down the indictment, you will either be arraigned before a Judge, or a warrant will issue for your arrest if you are not in custody.
To get an indictment, the prosecutor must persuade nine out of the twelve grand jurors that probable cause exists that the defendant is guilty. This is known as a ?true-bill.? When the prosecutor fails to get nine votes, a ?no-bill? occurs. However, if the indictment is no-billed, the prosecutor can try again.
With the vast majority of federal crimes, the grand jury has five years to indict the accused. However, if the defendant is arrested and free on bond, the prosecutor has up to 180 days to secure an indictment.
Later, Texas incorporated the idea of having a grand jury into its own constitution. The Constitution of 1876 requires a grand jury indictment for prosecution of a felony. Unlike felony cases, misdemeanor offenses need not undergo the grand jury process.