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I'd like some information on Speedy Trial in Texas,

I'd like some information...

I'd like some information on Speedy Trial in Texas

Lawyer's Assistant: What are the charges? What's the current status of the case?

Continuous Sexual Abuse of a Child, Case is pending

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Answered in 4 minutes by:
8/1/2017
Law Educator, Esq.
Category: Criminal Law
Satisfied Customers: 125,292
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
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Customer reply replied 10 months ago
I was arrest Jun 23 of 2016 for the offense listed in the questionnaire, I was indicted for the offense Sept. 19. There has been absolutely no movement from the state in the case since indictment, but there has been movement in cases of the same nature which were indicted at the same time or after myself. June 6 of 2017 my attorney filed for a speedy trial and had a hearing scheduled for June 27th @ 1030 am. 10 mins before the hearing the judge rescheduled the hearing for August 4th. I have been ordered through bond conditions to wear an ankle monitor and to pay $300+/mo for associated fees. My family is ready to have this over with and behind us. I am completely innocent and I believe my attorney isn't doing what he has been paid for or what is in my best interest because he is "Best Friends" with the judge.
Customer reply replied 10 months ago
I know that wasn't much of a question.. But are there specifics and time lines for the state of Texas to meet?
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Under Texas law, before any speedy trial rights begin to run, the defendant has to actually ask for a speedy trial. See: Barker v. Wingo, 407 U.S. at 531, 92 S.Ct. 2182. If a defendant does not ask for a speedy trial, the time to bring the defendant to trial does not begin to run. The courts hold that given the "imprecision of the right to speedy trial, the length of delay that will provoke such an inquiry is necessarily dependent upon the peculiar circumstances of the case. See: Doggett v. U.S., 505 U.S. at 652, 112 S.Ct. 2686. The court in Harris v. State, 827 S.W.2d at 956 held that any delay of eight months or longer is presumptively unreasonable and triggers speedy trial analysis.
However, you must actually file a motion for speedy trial. The court considers the 1) length of the delay, 2) reason for the delay, 3) assertion of the right, and 4) prejudice to the accused. See: Barker.
Once you file, the court analyzes the factors above to determine if the trial has been improperly delayed and that delay will cause you a prejudice.
Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.
Law Educator, Esq.
Category: Criminal Law
Satisfied Customers: 125,292
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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