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A.S.B., Esq.
A.S.B., Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 148
Experience:  I am an Assistant District Attorney, and former criminal defense attorney.
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Is there a speedy trial statute in Texas and will it apply

Customer Question

Is there a speedy trial statute in Texas and will it apply to misdemeanors as long as no continuances were requested by the defense?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  A.S.B., Esq. replied 5 years ago.

Speedy Trial

You have a right to a speedy trial under the Sixth Amendment of the United States Constitution, which requires that the trial be held within a certain time frame after a person has been charged with a crime.

This right can be waived by asking for additional time for the preparation of your defense.

 

Speedy Trial rights in Texas

With limited exceptions, a defendant should be brought to trial in Texas within the following time frames:

  • 180 days if the defendant is accused of a felony
  • 90 days of the defendant is accused of a misdemeanor punishable by imprisonment for more than 180 days
  • 60 days if the defendant is accused of a misdemeanor punishable by imprisonment of 180 days or less, or punishable by a fine only

A felony is a crime usually punishable by imprisonment for more than one year. A misdemeanor, on the other hand, is usually punishable by a fine or a year or less of incarceration.

 

The above time-frame applies to you so long as you have not requested any continuances or filed any pre-trial motions. (Pre-trial motions stop the clock from running as it takes time for the judge to hear and decide your motion.)

 

I hope this helps. Please, click "Accept" if you found my answer helpful so I may be credited for my work and response. Do not hesitate to contact me via justanswer.com with any further questions or concerns. Thank you!

 

A.S.B., Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 148
Experience: I am an Assistant District Attorney, and former criminal defense attorney.
A.S.B., Esq. and 6 other Criminal Law Specialists are ready to help you
Customer: replied 5 years ago.
I found the same information as you just gave me. However, I was also told that in order for the speedy trial to be enacted, you must be detained. Is this true and what is the Texas Statute. The only Statute I found was under 32A (Speedy trial). The attorney my friend has doesn't seems to know any of this. I am a litigation Paralegal, but deal only with Criminal appeals and not misdemeanors
Expert:  A.S.B., Esq. replied 5 years ago.
Being detained is not a necessary element. The "commencment of a criminal action" is the standard. A criminal action commences for purposes of this article when an indictment, information, or complaint against the defendant is filed in court, unless prior to the filing the defendant is either detained in custody or released on bail or personal bond to answer for the same offense or any other offense arising out of the same transaction, in which event the criminal action commences when he is arrested.

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