this is on a charge for 3rd degree felony assault fam. violence/impeding breath/circulation
Criminal Defense Attorney
There is no particular form for either request. However, a person charged with this offense surely must have an attorney. If so, you must request that you attorney make these requests. Anything filed by a person represented by an attorney will be ignored unless the attorney adopts those motions. The defendant should send a letter to his lawyer asking that these items be filed. The lawyer should respond by filing them OR by explaining why they are not being filed.
Note - most counties have bond schedules setting the amounts for bonds on cases. If this county has such a schedule and the bond is set at that amount, there will be no reduction. In addition, there really is no "speedy trial" in Texas any longer - there is no statute. However, there is a federal right to speedy trial. But, speedy trial means at the court's first opportunity, given consideration for all of the cases on the docket and the court's schedule, the case must be tried. And, it is very difficult to prove a speedy trial violation. If this person has not been incarcerated for more than a year, then there has certainly been no violation. (The lawyer may not file the motion if there is an attempt to work out a deal going on and because it is really a slap in the court's face if the court's docket is overwhelmed to say, essentially, that "I want my case to have attention before everyone else's." Be careful what you ask for.)
Although I have answered the question to try to help you, you should consult with a lawyer in your area in person on the matter. In addition, my answer does not establish an attorney-client relationship between us.
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