How long in the state of Texas does it take for the state to start a trail?

Asked over 1 year ago - Frisco, TX

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?

Attorney answers (3)

  1. Evan Edward Pierce-Jones

    Contributor Level 18


    Lawyer agrees

    Answered . 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.

    Answers on Avvo are for general information purposes only and should not be relied upon as legal advice. No... more
  2. Macy Michelle Jaggers


    Contributor Level 20


    Lawyer agrees

    Answered . 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.

    Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Ms. Jaggers... more
  3. David Daniel White


    Contributor Level 12


    Lawyer agrees

    Answered . Your husband has the right to a speedy trial but it will need to be based on a motion by your attorney.

    The Law Office of David D. White, PLLC
    1205 Rio Grande St.
    Austin, TX 78701
    (512) 369-3737

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