Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Criminal Law

Class A misdemeanor what is the speedy trial deadline

Customer Question
For a class A misdemeanor...
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: 2 years ago.Category: Criminal Law
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 2 hours by:
5/19/2015
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 2 years ago
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 28,747
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Verified
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.
Ask Your Own Criminal Law Question
Customer reply replied 2 years 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
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 2 years ago
https://www.ncjrs.gov/App/publications/abstract.aspx?ID=57989
Ask Your Own Criminal Law Question
Customer reply replied 2 years 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.
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 2 years 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
Ask Your Own Criminal Law Question
Customer reply replied 2 years 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?
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 2 years 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.
Ask Your Own Criminal Law Question
Ask Zoey_ JD Your Own Question
Zoey_ JD
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 28,747
28,747 Satisfied Customers
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.

Zoey_ JD is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,194 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,063 satisfied customers

16 yrs. of experience including criminal law.

RobertJDFL

RobertJDFL

Lawyer

1,862 satisfied customers

Experienced in multiple areas of the law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

Nate

Nate

Lawyer

1,736 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,631 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

AttorneyTom

AttorneyTom

Lawyer

1,242 satisfied customers

Attorney

< Previous | Next >

Related Criminal Law Questions
My girlfriend was charged with a criminal offense and is
My girlfriend was charged with a criminal offense and is using the local version of the "Public Defender" as her attorney. This particular case is a misdemeanor, but it relates to a felony conviction … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,693 satisfied customers
Is corruption of a minor a misdemeanor or a felony?
Is corruption of a minor a misdemeanor or a felony? … read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
28,747 satisfied customers
Sure - my bf lost his criminal trial on Wed and was
Sure - my bf lost his criminal trial on Wed and was convicted of two felony charges. At the end, the judge remanded him to custody for knowing/willful violation of his probation terms (for a civil dvr… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,183 satisfied customers
In criminal court, I understand that when an accused has
In criminal court, I understand that when an accused has Clemency from the State Board of X that it can not be held against the accused.So what about in civil court?… read more
Ray
Ray
Lawyer
Doctoral Degree
30,899 satisfied customers
I have A pending misdemeanor possession case from 2015,I
I have A pending misdemeanor possession case from 2015,I went to court on two different ocaisions was told some one would get in touch with me about the case.. They did , two years later after I haved… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,811 satisfied customers
Criminal felony case in Indiana. Initial investigation
Criminal felony case in Indiana. Initial investigation started 3/2011, arrest and charges filed 6/2014, here it is 11/2017 and matter set for trial 1/2018. Were there violations of a speedy trial or s… read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
28,747 satisfied customers
I'm writing a story about a rape trial. In trial, if the
I'm writing a story about a rape trial.In trial, if the alleged victim is giving testimony about the attack/rape, can she describe what her assailant was saying to her during the attack? Can she descr… read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
28,747 satisfied customers
In osfuskee county ok in a criminal felony case do the
In osfuskee county ok in a criminal felony case do the arresting officer have only 48 hrs to submit police report and if not submitted on time is that grounds for dismissal and is there a 60day speedy… read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
28,747 satisfied customers
I have a question about procedure in criminal court in
I have a question about procedure in criminal court in Texas; specifically if there is any way to request a pretrial hearing prior to indicment of a felony … read more
Ray
Ray
Lawyer
Doctoral Degree
30,899 satisfied customers
Is it not uncommon for criminal court judges or their
Is it not uncommon for criminal court judges or their court's administration (e.g. bailiffs) to manipulate the only clock on the wall in the courtroom (e.g. set it purposely ahead of or behind the act… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I had a criminal court hearing and was sentenced, but was
I had a criminal court hearing and was sentenced, but was never sworn in can this be thrown out… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,811 satisfied customers
I have a court da on October 30 for a misdemeanor without a
I have a court da on October 30 for a misdemeanor without a bail and they didn't took my passport, can I leave the country? … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,811 satisfied customers
My son has to appear in court on a misdemeanor. doesn't have
hi, my son has to appear in court on a misdemeanor. doesn't have any record and I guess did not move when the police asked him to. we bailed him and he has to appear in court 9/26. Should he have a la… read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
28,747 satisfied customers
During my Bench Trial in Federal Court on a misdemeanor
During my Bench Trial in Federal Court on a misdemeanor charge of Simple Assault, I testified in my own defense. I would have made a more aggressive defense, but I thought certain points were best lef… read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
28,747 satisfied customers
I'd like some information on Speedy Trial in Texas,
I'd like some information on Speedy Trial in Texas … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
In Texas, in a Class Misdemeanor criminal case where the
In Texas , in a Class B Misdemeanor criminal case where the defendant is representing themselves.Is it correct that the defendant can request from the DA any offense reports, any designated documents,… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
During trial and post trial, court will document the
During trial and post trial, court will document the profession, current employer, family details etc. Do you think current employer will come to know about court proceedings, if they not conducting c… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,183 satisfied customers
Second opinion] During trial and post trial, court will
Second opinion] During trial and post trial, court will document the profession, current employer, family details etc. Do you think current employer will come to know about court proceedings, if they … read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
28,747 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x