You rang in the New Year, but a recent arrest or criminal charge has cast a long shadow over your fresh start. If you’re a Texas resident suddenly navigating the criminal justice system, time is not a luxury—it's a critical weapon.
The holiday season and the New Year often mean court closures and adjusted schedules, which can make crucial deadlines even more confusing. A delay or a missed date can severely jeopardize your case, your freedom, and your ability to craft a strong defense. This isn’t a passive process; you need to be strategic and proactive from day one.
Here are the critical Texas deadlines you need to understand right now.
The Urgent 48-Hour Clock: Magistration
If you were arrested without a warrant, the clock is ticking immediately. Texas law requires that you be taken before a magistrate judge "without unnecessary delay," and no later than 48 hours after your arrest. This is your initial appearance, often called magistration.
What Happens: The judge formally informs you of the charges, your rights (including the right to an attorney), and reviews whether probable cause existed for your arrest. Critically, this is where your bond is set.
The Strategy: Even at this early stage, having an attorney can be invaluable. A vigorous legal advocate can argue for a lower bond or favorable conditions of release, paving the way for you to fight your case from outside of a jail cell.
Filing Your Pleadings: The 10-Day Window
After your arrest, you are generally allowed a period of time to file your initial written pleadings—that is, your formal responses to the charges—with the court.
The Deadline: Texas Code of Criminal Procedure Article 27.11 states you have ten entire days (exclusive of the day of arrest) to file written pleadings. This period is vital for establishing your defense posture and requesting discovery, which is the evidence the State plans to use against you.
The Pitfall: The ten-day rule can be affected by court terms, weekends, and holidays like New Year's Day. Relying on an incomplete understanding of this rule is dangerous. Your attorney will ensure these filings are timely and correctly structured to protect all your constitutional rights.
The Critical 90-Day Rule for Felonies
If you were arrested for a felony and are held in custody, Texas law provides another crucial timeline under Article 17.151:
The Deadline: The State must be ready for trial, which usually means securing a formal indictment from a grand jury, within 90 days of your felony arrest.
The Implication: If the State fails to indict you within this 90-day window, you may be entitled to a Personal Recognizance (PR) bond, meaning your bail can be set at $0. This is an enormous leverage point that an experienced lawyer can use to secure your release while the case is still pending.
Don't Wait for the State to Decide Your Fate
These deadlines—48 hours, 10 days, 90 days—are not suggestions; they are legal boundaries the State must respect. For you, they represent opportunities to assert your rights and control the early trajectory of your case. In the confusion following a New Year's arrest, where courts may be closed or slow to return to full operation, the risk of a misstep is high.
Don't go into this fight alone. The personalized defense you need to protect your future is available. If you or a loved one is facing criminal charges in Texas, take immediate, strategic action with Pennington Law PLLC. We will help you chart a course through these critical deadlines and aggressively defend your rights.
Call us right now at (512) 877-4384.