FORT WORTH COURT OF APPEALS ENFORCES RIGHT TO REDUCED BOND IN TARRANT COUNTY CASE

 In Dallas County, a defendant is sometimes held in custody for an extended period before his case is resolved by virtue of a high bond amount. Of course, this situation can result in an favorable plea bargain or ill-preparedness for trial, not to mention the injustice if the defendant is never indicted. The problem was illustrated in a case this week from the Fort Worth Court of Appeals.

In Texas, the District Attorney is required under law, when the defendant is in custody, to bring a case to trial within 90 days at risk of a bond reduction or release on personal recognizance. There is an additional right that applies to the right to a dismissal after a defendant spends 180 days in jail without an indictment, but such dismissals are without prejudice, meaning that the State could still indict and start the process over. These rights are created under Texas law by the legislature, and they exist in addition to the constitutional speedy trial protection under the federal constitution.

Unfortunately, enforcement of the Texas law can sometimes require a pre-trial writ of habeas corpus to be filed to set up an appeal in order to force the District Attorney and the trial judge to comply with the law. In the Fort Worth case from this week, the in-custody defendant based his claim on un-indicted charges, urging that he should have been released on a reduced bond or PR bond within 90 days of his arrest. https://askcompetentlawyer.com/business-torts/ The Tarrant County District Attorney argued that the 90-day rule did not apply because there was compliance in another case that was already under indictment. The Fort Worth Court of Appeals held that the mandatory requirements of the statute applied to every case.