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File emotions for speedy trial means?

Fort Worth, TX |
Filed under: Criminal defense

I was asked to do this because our case is taking quit a while and our atty has not kept intouch with us about anything. Is this a bad or good thing to do?

Attorney Answers 5

Posted

In the criminal courts, a motion for a speedy trial is used to require the prosecution to try the case in an expeditious manner in accordance with US Constitutional and state procedural standards.

This answer is for general purposes only and does not create an attorney/client or confidential relationship which can only be created by a written and signed retainer agreement.

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Posted

I reposted this in criminal defense section.

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Posted

That is a strategic decision based on many factors and a good knowledge of sppedy trial case law, which even many lawyers don't have. Schedule an appointment for a sit-down with your attorney. If you're still not satisfied with his representation, hire a new one.

I'm sure your attorney can take you to court tomorrow and plea you to whatever the DA is offering. It takes time to do the necessary discovery and massage the DA into the best result. If you simply know you're unwilling to take any offer (and that means a Class C reduction, a conditional dismissal, etc.), then pay your attorney a trial fee and set the case for trial.

Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Ms. Jaggers offers everyone a free consultation to discuss their case. Feel free to call her office at 214-365-9800 to make an appointment (phones are answered 24 hours) or visit her website at www.macyjaggers.com for more information about her services and recent victories.

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Asker

Posted

Could the defense get a court date as early as the next two days or would it depend on the court still.

Macy Michelle Jaggers

Macy Michelle Jaggers

Posted

It always depends on the court.

Posted

In Texas, only a lawyer is legally permitted to file pleadings in a criminal case for another person.

If a defendant is dissatisfied with counsel, a meeting to discuss things is appropriate. Or, seeking different counsel.

Answers on Avvo are for general information purposes only and should not be relied upon as legal advice. No attorney / client relationship is created by providing this answer. For specific advice about your situation, you should consult a competent attorney of your choosing.

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Posted

It is not clear to me whom you are referring to as "us" or whether there is only one defendant or more than one. In any event, since there is apparently a lawyer representing whoever it is you would be filing a motion for, only the lawyer should be filing anything with the court. Also, if you are not a lawyer, you cannot properly file anything on behalf of anyone other than yourself. If you do, you will be practicing law without a license, thus creating an addition problem for yourself.

I completely agree with the other lawyers who have recommended that you and whoever else is a criminal defendant in the case need to sit down with the lawyer who is currently defending the case, discuss what needs to be done and get your questions answered.

Good luck.

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Asker

Posted

Im asking the lawyer to fike emotions for speedy trial but he has not once seen my fiance or talked to him about case. I seen the lawyer 3 times but he has not yet said wats goin on

Don Karotkin

Don Karotkin

Posted

I understand, but I will stand by what I have previously said. If the current lawyer will not listen, cooperate, communicate, answer questions and do his job, I think you should fire him and hire a new one. I feel very certain that you and your fiance will not be able to obtain a speedy trial or anything else from the court without legal representation. Again, good luck.

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