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Ask TexCrimLawyer, J.D. Your Own Question
TexCrimLawyer, J.D.
TexCrimLawyer, J.D., Lawyer
Category: Criminal Law
Satisfied Customers: 4782
Experience:  Experienced in state and federal criminal litigation.
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how long can a felony case keep being postponed

Customer Question

how long can a felony case keep being postponed
Submitted: 6 years ago.
Category: Criminal Law
Expert:  TexCrimLawyer, J.D. replied 6 years ago.

TexCrimLawyer, J.D. :

How long has it been since you were indicted?

JACUSTOMER-6cboeuz7- :

it happened a year ago november

TexCrimLawyer, J.D. :

In Texas, there is no specific time frame. It largely depends on the judge and the court's schedule. I've seen cases drag on for 3 or more years because the courts were so backed up. Do you want it to go to trial as soon as possible?

JACUSTOMER-6cboeuz7- :

my punishment really doesnt matter as long as i dont get jail time. i just didnt know if there was a time limit before it had to be solved or it was dismissed

TexCrimLawyer, J.D. :

No, there is no specific time frame. If the judge thinks the state is unnecessarily delaying, he can dismiss it. If you can't reach an agreement, the judge will set it for trial. If it goes to trial and you are convicted, typically the punishment is much harsher than you would have gotten with a plea.

JACUSTOMER-6cboeuz7- :

i really dont want it to go to ttrial i just want to be able to prepare myself and my children to what may happen will they tell me before they deciced to take it to trial

TexCrimLawyer, J.D. :

Yes. The judge will give your lawyer a trial date usually a few weeks in advance. If you don't want to go to trial, it sounds like you have been offered a deal that does not include jail time. If you think you are going to be convicted at trial, probation is a pretty good deal.

JACUSTOMER-6cboeuz7- :

well it was the judge that turned down the offer both lawyers agreed not the judge

TexCrimLawyer, J.D. :

Well, your attorney and the DA need to work something out. If the judge insists on jail time, you can do weekend jail as a condition of probation. That is much better than prison.

JACUSTOMER-6cboeuz7- :

will the offer be put out on the table as a possibility i have never been thru this before so really dont know what to expect

TexCrimLawyer, J.D. :

I have no idea if the DA will offer that. Your attorney can suggest it, but I can't say what the DA will offer.

TexCrimLawyer, J.D. :

Is there anything else I can help you with?

TexCrimLawyer, J.D. :

If there is not anything else I can do for you, please click the "Accept" button (that's how I get credit for helping you). It is very important that you click "Accept," even if you have a subscription. Good luck.