If You're in Jail Without Charges, Dallas Cops Want More Time To Build a Case Against You

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John Vanderslice
Police want more time to file cases -- but their proposal could keep defendants who haven't been convicted of anything in jail longer.
For 25 years, people arrested in Dallas County but not sure why have been protected under more or less the same rule. Dallas cops have three whole business days to figure out what to charge an arrested person with and get the paperwork in, not including the day you were actually arrested. (Booked into jail on a Friday night? Happy weekend, sucker).

Sure, you can bond out of jail much sooner than three days if you have the money. Giving the cops a deadline, however, helps ensure that all defendants get treated fairly, at least according to the district judges who created and upheld the rule in the first place. "It's just saying you can't hold someone in jail without a case file," explains Judge Rick Magnis, who as presiding judge of the Dallas Criminal Courts has tweaked the three-day rule slightly over recent years, allowing a full 10 days for crimes like murder and assault.

But earlier this month, the Dallas Police Department famously released a bunch of inmates who weren't supposed to go free, and now Chief David Brown is blaming that deadline policy as part of the problem.

The policy, officially called the dry writ, is putting "a real strain" on officers, Brown told City Council last week.

The police department has brought up the same concerns to the District Attorney's Office. "They have expressed to us that they need more time to properly investigate and file cases," county prosecutor Ellyce Lindberg tells Unfair Park in an email.

Brown began speaking out against the policy after his department announced earlier this month that a glitch with a new computer system caused cops to accidentally release more than 20 inmates.

Sure, sounds bad, but the inmates hadn't been convicted yet anyway -- they were simply charged with crimes and hadn't made bail. (As NBC breathlessly reported: "The truth is that the suspects are being released because deadlines are being missed to formally charge them.")

That doesn't mean the cases against those inmates go away. Cops can still take their sweet time to file the charges, even with the inmates out of jail. The deadline is just a way to keep the county from holding broke people in jail indefinitely while cops figure out exactly what those charges are. It's for that reason that defense attorneys say the deadline policy as it stands is a sensible one.

"People that cannot afford to bond out are entitled to get their accusations that they face against them in a timely manner, not just sit there and wait for them to do it at their own leisure," says criminal defense attorney Jose Noriega, describing Brown's recent complaints about the policy as "disingenuous".

It's true that other counties in Texas are more lenient than Dallas, allowing cops more time to hold suspects before filing cases. But outside of the state, the rules are often more favorable to the suspects. In New York State, for example, suspects must be arraigned within 24 hours after their arrest thanks to a 1990 court ruling.

In Dallas, prosecutors and the cops haven't specified all of the offenses they want more time to work on. Hopefully for suspects, it's not drug offenses, because people who work in the courts say those already take forever to file, sometimes over a year, according to District Judge Lena Levario.

"It seems to be getting worse," adds bail bondsman Eddie Dees. "Even on misdemeanors, they take forever."

For now, the District Attorney's Office will only confirm that police are asking for a full 10 days to file charges in domestic violence cases. "They asked me not to discuss everything that we asked for, because they don't want to work it out in the media, they want to work out with the judges," district attorney's spokeswoman Debbie Denmon said.

Judge Magnis says he hasn't spoken to the police directly yet but has a meeting scheduled next week. He sounds not that excited about it. "They've known about the [dry writ] rule since 1988. The rule didn't change. The police for whatever reason slipped up on some cases, and they're trying to blame rules instead of accepting responsibility."


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12 comments
markie19
markie19

markie19

6 minutes ago

markie19

1 hour ago

Kerry Goad6 seconds ago via YouTube

LikeLike · · Subscribe on YouTube · SharePelican Brief TrailerPelican Brief TrailerDeleteShareLikeReplymarkie195 hours ago

Read new times uses my stories of the janbrewisms and then writes stories and gets me no help darrow k soll killed no suicide is Steve Lemons dirty or Matthew -google Markerry Soll Mc Night medium so i can get no law enforcement in most states they killed him not crazy 

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rubbbrduky
rubbbrduky

If the PoPo doesn't have any idea in the first place as to why you are there then they should not have you in custody. I feel an NWA song coming on ya'll. 

ozonelarryb
ozonelarryb

Has this city or county ever bought a software pgm that works?

Again, the shitty that works - a cruel joke.

lebowski300
lebowski300

Holy shit. Got. To. Get. The. Fuck. Out. Of. Dallas. Texas. Merica.

Tim.Covington
Tim.Covington

Generally speaking, going much past 3 days also wanders into iffy constitutional waters. The US Supreme Court has ruled you can't hold someone without charging them beyond a certain amount of time. Most states limit this to 72 hours. Texas limits it to 48.

"Art. 14.06. MUST TAKE OFFENDER BEFORE MAGISTRATE. (a) Except as otherwise provided by this article, in each case enumerated in this Code, the person making the arrest or the person having custody of the person arrested shall take the person arrested or have him taken without unnecessary delay, but not later than 48 hours after the person is arrested, before the magistrate who may have ordered the arrest, before some magistrate of the county where the arrest was made without an order, or, to provide more expeditiously to the person arrested the warnings described by Article 15.17 of this Code, before a magistrate in any other county of this state. The magistrate shall immediately perform the duties described in Article 15.17 of this Code."

holmantx
holmantx topcommenter

It speaks to the efficiency of the DA's office, or lack there of.  If the accused is a flight risk AND the offense is a violent one, then get the paperwork done in a timely manner.

WylieH
WylieH

@Tim.Covington So.... how can Dallas routinely allow people to be detained for longer than 48 hours without any charges filed?

ThePosterFormerlyKnownasPaul
ThePosterFormerlyKnownasPaul topcommenter

@Tim.Covington 

Yep, the idea of habeas corpus dates back to the Magna Carta and also forms the basis of the necessity to charge someone in a "reasonable" amount of time.

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