Asked 2/22/2016 – Midland, TX

My brother was arrested for aggravated sexual assault with a prostitute. He was arrested 8/28/2015, and has been in jail since. A PR bond was offered on the 90th day of being incarcerated. The bond was $0, but he had to be out on pretrial monitor which is $330 a month. We couldn’t afford that especially because we didn’t know how long he would be on it. He still incarcerated and has yet to be indicted. His court appointed lawyer has visited him once and told him there is no evidence and DNA is negative. The lawyer will not answer any of my questions. I did read that article 32.01 motion of dismissal, which I understand he would be released because he’s been in jail and hasn’t been indicted. Please any help will greatly be appreciated.

Answer

Article 32.01 of the Texas Code of Criminal Procedure, does provide for dismissal of charges if an indictment is not presented within 180 days after the defendant’s incarceration or after the 1st day of the next term of court after the defendant’s incarceration, which ever is LATER. This is not an automatic dismissal; for good cause shown (which is supported by affidavit) the case can be continued. I don’t know about the specifics of your brother’s case, but if you don’t think his attorney is working in his best interest, your family should start talking to other attorneys.