Vernon, TX asked in Criminal Law and Constitutional Law for Texas

Q: What is the definition of a speedy trial in the state of Texas. How long does the state have to get to trial?

If a defendant states to his lawyer and in court he wants to go to trial and no deals, how long does the state have to get the case in front of a jury? Especially, if the state has advised the judge at pre trial hearings on 2 occasions they were ready to go to trial only to cancel the day of or a few days before.

1 Lawyer Answer
John Cucci Jr.
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  • Criminal Law Lawyer
  • Houston, TX

A: Speedy Trial is guaranteed by the 6th Amendment. In TX it is Article 1, Section 10 that gives you the same right. The courts must give you a speedy trial. The accused in jail while waiting for trial gets a faster trial then the accused who is out on bond. If you are in jail after 90-120 days since your request for a speedy trial, you are entitled to a low or no bond, if you do not get your trial. If you are out on bond, it could take a year.

It is important to file a written request with the court. Verbal requests are often ignored in law.

I hope this helps.

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