Mckinney, TX asked in Criminal Law for Texas

Q: Can my theft case get thrown out since I been waiting to get a arraignment date in court. Been waiting since 1-13-20 .

Hello I was arrested at Walmart with a co-defendant and I have not step foot in a court since my arrested date 1-13-20. I wanted to know is that a civil right violation or a constitution violation since I have not been arraigned or formally charge with anything in front of a judge. Should the prosecutor dismissed my case or should I still have to wait to see a judge due to the pandemic. Its clear that my 6th amendment rights has been violated. What would u suggest. Thank You for your time.

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3 Lawyer Answers
Grant St Julian III
Grant St Julian III
Answered
  • Criminal Law Lawyer
  • Dallas, TX
  • Licensed in Texas

A: The State has two years from the date of the alleged offense to file the charging instrument with a court of competent jurisdiction. Talk with your attorney. Good luck.

Kiele Linroth Pace
Kiele Linroth Pace
Answered
  • Criminal Law Lawyer
  • Austin, TX
  • Licensed in Texas

A: The courts have repeatedly ruled that the Sixth Amendment contains no right to a Speedy Indictment. That said, courts have occasionally found a Due Process violation when an indictment was intentionally delayed with the specific purpose of harming the defendant. That would require a really rare fact pattern and it is almost impossible to prove without an admission from the prosecution, and that would be true even if there hadn't been a pandemic.

Rick  Davis
Rick Davis
Answered
  • Criminal Law Lawyer
  • Bryan, TX
  • Licensed in Texas

A: There is presently no legal basis for you to have your case thrown out.

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