How to Get a Burglary of a Habitat Charge Dismissed in Texas After 180 Days Without Indictment?

Question from Nasty, How to Get a Burglary of a Habitat Charge Dismissed in Texas After 180 Days Without Indictment?

Answer from AI:

If you have been charged with Burglary of a Habitat (a second-degree felony) in Texas, and the prosecutor has not obtained an indictment within 180 days, you may have grounds to seek dismissal of your case. Here’s a general explanation of the process and relevant legal guidelines.

Understanding the 180-Day Rule

In Texas, the law requires that a person who is arrested and charged with a felony must be indicted by a grand jury within a certain period. According to Texas Code of Criminal Procedure Article 32.01, if an indictment is not presented within 180 days from the date of arrest, the defendant may be entitled to have the charges dismissed.

Steps to Seek Dismissal

If you find yourself in this situation, here are the general steps you might take to seek dismissal of your case:

1. Verify the Timeline: Ensure that 180 days have indeed passed since your arrest without an indictment being issued. Keep track of all relevant dates.
2. Consult with an Attorney: It is crucial to consult with a criminal defense attorney who can provide personalized legal advice and represent you in court. They can help you understand your rights and the best course of action.
3. File a Motion to Dismiss: Your attorney can file a motion to dismiss the charges based on the lack of indictment within the 180-day period. This motion will be submitted to the court where your case is being heard.
4. Attend the Hearing: A hearing will likely be scheduled to consider your motion. Your attorney will present arguments and evidence to support the dismissal of your case.
5. Await the Judge’s Decision: The judge will review the motion, the arguments presented, and the applicable law before making a decision. If the judge finds that the 180-day rule applies, they may dismiss the charges against you.

Legal References and Resources

For more detailed information, you can refer to the following legal resources:

• Texas Code of Criminal Procedure Article 32.01
• Texas State Bar – Find a Lawyer

When to Seek Legal Advice

While this guide provides a general overview, it is important to seek legal advice from a qualified attorney who can provide guidance based on the specifics of your case. Legal professionals can help navigate the complexities of the legal system and ensure that your rights are protected.

Remember, each case is unique, and the information provided here is not a substitute for professional legal advice. Always consult with a legal professional to understand your options and the best course of action for your situation.