My husband was arrested for a fight and charged with an assualt charge. He has been in Jail 30 days now, my attorney was going to file a complaint, but state picked up on the 30th day and decided to file a case. How long does the state have to set a trial? And what can happen now? Can it still be dropped?
Criminal Defense Attorney
There is no set period of time in which the prosecutor must actually take a case to trial in Texas. Generally speaking, most misdemeanors seem to take several months to a year or two to go to trial if they don't settle.
As far as scheduling a trial date, the trial court controls what goes to trial and when.
As far as dropping a case, even after a case has been officially filed int he trial court, a prosecutor can still move to dismiss it if the prosecutor chooses to do so.
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DUI / DWI Attorney
Yes it can still be dropped. If the case was just filed, the attorney will just now have the ability to start talking to a DA about the case. Your husband has the right to set the case for trial immediately, but this can often backfire so it is a decision that must be made carefully. He needs to discuss his options with his attorney.
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