Q: I want to know in Texas, what is the timeframe allotted to hold trial after indictment and what is the code on this?
I feel my attorney has waived my right to fair and speedy trial. I have not consented to this and he has not informed me that he has or not. But being that I’ve been in this case over 2 years, going on 3 I feel that this is the case. I am looking for an answer to this question due to the fact that for the first 8 months of the case, literally, nothing has happened except the appointment of my public defender.
A:
The law does not require a specific number of days or months. You DON'T have a right to a speedy trial until formal charges are filed, which for felonies means a grand jury indictment... but the clock on the statute of limitations does tick, and that does have a specific timeframe defined in law. Sometimes when formal charges are delayed for too long you can force their hand by requesting an examining trial. The prosecution almost never wants an examining trial so that forces them to file formal charges to avoid it. In situations of extreme delay, a defendant can sometimes get a dismissal on Due Process grounds, but that usually requires showing that prosecutors intentionally delayed the charges to create a situation where defense witnesses or evidence would no longer be available.
After formal charges are filed, you DO have a right to a speedy trial, but that right is automatically waived unless the defendant affirmatively asserts the right AND acts in accordance with that assertion by, for example, objecting to resets or adjournments. In other words, the right to a speedy trial isn't something that has to be waived, it is waived as a matter of course simply by conducting business as usual.
A: Covid put all cases on hold and many cases are over two years old, Your attorney can file a Motion for speedy trial but it is very limited,
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
