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COVID-19 Texas Constitutional Law Questions & Answers
1 Answer | Asked in Criminal Law and Constitutional Law for Texas on
Q: is it true that you have to be inditied before able to get a speedy trial for a felony

I’ve been on bond for a year and have not been indited ..or no court date or anything, been asking my “paid attorney”for a speedy trial since day one,because of my innocence. But I do think he knows the law very well. Keep saying cuz of covid but I’m going through a divorce and I’m going... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Jun 22, 2021

It is true that the right to a speedy trial does not attach until the case is indicted. It is also true that there is no right to a speedy indictment. However, you can usually force an indictment by demanding an Examining Trial to determine probable cause. This is only a good idea in rare... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Texas on
Q: friend made parole release 5/21 , got caught w drugs moved to g4 , no store , no ecomm , has to Do 6mth class now aug

Can they hold him that much longer why can’t they start class now instead of august how much more can they take from him he caught COVID in there

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on May 9, 2021

Sounds like he's somehow been enrolled in SAFP, an in-custody drug rehab. If you are saying that he can't begin the program until August, then that means that there isn't an available spot and he has to wait in line, while in prison, in order to get into the program and then... Read more »

1 Answer | Asked in Criminal Law and Constitutional Law for Texas on
Q: Is it typically positive for a defendant if the court lowers their bail without them asking?

Is it typically positive (in terms of a defendant's case) for a defendant if the court lowers their bail without them asking? For example, if a bail on a charge of misdemeanor theft enhanced to a SJF or another SJF crime goes from $3,000 to $750, notwithstanding covid-19.

Kiele Linroth Pace
Kiele Linroth Pace answered on Jul 28, 2020

It is typically better to be OUT of jail than in jail so making it easier to get out is generally positive. A person is less likely to accept a bad plea deal when they are out of jail.

However, if they are trying to push people out faster because the jail is full of COVID well that's...
Read more »

1 Answer | Asked in Contracts, Employment Law, Constitutional Law and Employment Discrimination for Texas on
Q: Discrimination during COVID 19 and sexual harassment

I was furloughed for COVID 19, and my employer said for 2 months he couldn’t afford to call me back to work. All the men in my department were back and working the whole 2 months I was gone. Now he is offering me a lower pay rate and is putting me in another department, and replaced my shift with... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Jun 9, 2020

It sounds like you may have a claim for sex discrimination under Title VII of the Civil Rights Act of 1964. To establish this claim, you have to prove you were qualified for your original job, you suffered an adverse employment action (a pay cut or demotion to a less favorable or prestigious job... Read more »

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