Legal Question in Criminal Law in Texas

when a grand jury indicts you how soon should you be notified?

Asked on 3/12/21, 10:51 am

1 Answer from Attorneys

Wes Ball Wes Ball Law

Under Texas law, there is no set time. Article 25.01 Texas Code of Criminal Procedure provides that upon receipt of an indictment the clerk shall "immediately" send a copy to the Sheriff who then should "immediately" serve a copy on the accused if the defendant is in custody. If the defendant is on bond, the clerk will provide a copy to the defendant or his attorney at the "earlies possible time."

There are instances where the indictment is sealed and therefore not available to the pubic or the accused. This is usually reserved for when the prosecution believes that the accused is a flight risk and that knowledge of the indictment will be an incentive to flee. In the case of a sealed indictment the "immediately" rule would not apply.

I am not aware of any direct penalty for serving an indictment untimely. There is always a requirment that the defendant has been provided an opportunity to see his indictment before legal proceedings like a trial or plea bargain can proceed in court.

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Answered on 3/12/21, 11:15 am

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