Texas Code of Criminal Procedure 32.01 – Defendant in Custody and No Indictment Presented
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(a) When a defendant has been detained in custody or held to bail for the defendant’s appearance to answer any criminal accusation, the prosecution, unless otherwise ordered by the court, for good cause shown, supported by affidavit, shall be dismissed and the bail discharged, if indictment or information be not presented against the defendant on or before the last day of the next term of the court which is held after the defendant’s commitment or admission to bail or on or before the 180th day after the date of commitment or admission to bail, whichever date is later.
(b) A surety may file a motion under Subsection (a) for the purpose of discharging the defendant’s bail only.
Terms Used In Texas Code of Criminal Procedure 32.01
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.