How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Zoey_ JD Your Own Question
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 24886
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
18321761
Type Your Criminal Law Question Here...
Zoey_ JD is online now
A new question is answered every 9 seconds

Class A misdemeanor what is the speedy trial deadline

Customer Question

For a class A misdemeanor what is the speedy trial deadline from the date of the arrest in the state of Texas, in San Antonio city, I know it is between 30-90days since NYC is 90days from the date of the arrest. I am just having trouble finding it and NYC has an official NYC Criminal website where anyone can easily find it, but Texas I dont see a site.
So, please enlighten me and give me links to verify, either from Texas state law book, sites, etc not a big question if your a lawyer
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.
Hello,
My name is ***** ***** I am an experienced criminal lawyer.
Texas says the state has 180 days to go to trial if the charge is a felony, 90 if it's a misdmeanor that has a jail possibility of more than 6 months, and 60 days for lower level misdmeanors and violations.
Speedy trial laws are much more complicated than they seem, however, even in New York. On paper they look great, but the only time that counts for speedy trial purposes are the dates when the only party not ready for trial is the DA. So the case can go on for a long time, but if the defense is the one either asking for or consenting to a continuance, that time doesn't count. The speedy trial time stops and starts. It can take a long time to rack up 90 days. A delay of a year or more does not mean your speedy trial rights have been violated.
The US Supreme Court requires a 4-part balancing test that they spelled out in Barker v. Wingo when it comes to making speedy trial decisions. This is what most states follow, and Texas is no exception. Courts determine a speedy trial violation not by how old the case is but by
(1) the length of delay;
(2) the reason for the delay;
(3) the assertion of the right to speedy trial by the accused; and
(4) the prejudice to the accused resulting from the delay.
Using this balancing test, States have held that even a year's delay is not a denial of a defendant's right to a speedy trial, depending upon the facts and the balancing test above.
So 90 days is not 90 consecutive days. It is 90 days where everybody is ready for trial except for the state. The only days that count toward speedy trial dismissal are the ones where the delay is solely due to the prosecutor. So, if your lawyer asks for an adjournment, that adjournment doesn't count. If motions are pending, those adjournments don't count. If your lawyer is sick or on vacation or another trial, that doesn't count. If the DA is ready to proceed but there is no judge to hear the case, that adjournment doesn't count either.
If you think your speedy trial time has run out, you need to discuss a speedy trial motion with your attorney and ask him why he hasn't filed a speedy trial motion. He should be able to tell you. In my experience, both the defense and the prosecutor keep a close eye on the speedy trial clock, and very few cases actually can get dismissed on speedy trial grounds,despite how long they stick around.
Customer: replied 1 year ago.
Okay, your giving me relevant and irrelevant information. I done my research and it saids the speedy trial clock starts ticking FROM THE DATE OF THE ARREST!! so, if i am not asking for delayment of it, every single calender day counts. It saids that in the 6th amendment relating to the speedy trial. My only question is, what is the speedy trial period for a Class A misdemeanor and you said 90days okay. If it has a jail time more than 180 days. Thank youNow, my last question is where did you find that information? can you please give me the links and or books where you found it and where can i find it
Expert:  Zoey_ JD replied 1 year ago.
https://www.ncjrs.gov/App/publications/abstract.aspx?ID=57989
Customer: replied 1 year ago.
i click the link, but it doesnt take me there, please write it for i can copy it and paste it to verify the 90 day limit of speedy trail in texas and i will rate your service, thank you.
Expert:  Zoey_ JD replied 1 year ago.
http://www.bakers-legal-pages.com/fastlaws/cr2004/00000631.htm
Here you go. Section 2 of this law has been repealed as unconstitutional.
The actual Texas Speedy trial statute has no time limit. Texas uses the Barker v Wingo balancing test I mentioned in my first reply.
http://law.justia.com/codes/texas/2009/code-of-criminal-procedure/title-1-code-of-criminal-procedure/chapter-32a-speedy-trial
Customer: replied 1 year ago.
you just said it was 90 and you even obtainned it from A link, an official nayional site, now your saying theres no limit. Speedy trial always have a limit. Your going against what you said and why cant you give me the first link you gave me where you said it was 90 days in texas?
Expert:  Zoey_ JD replied 1 year ago.
The link I gave you yesterday does not work today, and I do not know why. It was a Bill referencing the 90 day limit.
The first of two links I gave you today gives you section 32A.02 of the Texas Code of Criminal procedure. If you read it, you will see it mentions 90 days. The second section of that law has been repealed, but the 90 day rule is in the first section.
The second link is the actual speedy trial statute.
You need to be aware that despite what it says on paper, there's a 4 part balancing test that is going to get applied as mandated by the US Supreme Court, and the actual number of days you have been waiting is only one element to be considered and no more important than whether you've ever asserted your speedy trial rights, the reasons for the delay, and whether it has prejudiced you.
So don't tell me there's always a number. First of all that's not true in all states. Secondly, as you will no doubt find, on paper the number is ***** relevant than it is in practice. In court, it is just one element to be considered.