Q: I’m just now being arraigned in June for a charge I was unaware of issued in early 2019. Is this a due process issue?
A:
Yes, a delay in prosecution of more than 2 years might give rise to a denial of due process claim by you. A due process issue is almost always very fact-driven.
One example of a due process violation might be that the State of Texas (its police and prosecutors) failed to diligently attempt to arrest you on the charged offense. So long as the delay in your being prosecuted wasn't largely your own doing (for example, if you caused the delay by hiding out from the police), then such a long delay might well result in potentially helpful witnesses being unable to be found, denying you the right to subpoena and your right to a fair trial.
These types of issues are things you should talk with your attorney about at length. And even though you haven't even been arraigned yet, you should already have a lawyer. If you can't afford a lawyer, ask the Judge of the court where your case is pending to appoint counsel to represent you.
Kiele Linroth Pace agrees with this answer
A:
This isn't a D-I-Y project. To get anywhere with a delay-based argument you are going to need a criminal defense attorney and not just a cheap plea broker.
Focus your research on Due Process issues for a pre-indictment delay between the date of the alleged offense and the filing of formal charges (indictment/information) or a Speedy Trial issue if the delay was between the formal charges and the commencement of trial.
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