I WANT TO KNOW IF I CAN GET A DISMISSAL FOR LACK OF SPEEDY TRIAL

Asked over 1 year ago - Abilene, TX

1 WEEK AFTER MY ARREST I SAW A COURT APPOINTED ATT. AND TOLD HIM TO FILE FOR A SPEEDY TRIAL HE WOULD NOT. I WROTE THE JUDGE AND DA OFFICE TELLING THEM THE SAME THING, NEVER HEARD. 1 WEEK AFTER MY ARREST DA FILED ASSUALT FAMILY VIOLENCE LESSER FELONY. 2/9/2012 ITHE DA REJECTED MY CASE AND I WAS OUT OF JAIL. 61/2 MONTHS LATER ASSAULT/FAMILY VIOLENCE CHARGES WERE FILED AND I WAS ARRESTED ON A WARRENT. I POSTED BOND. 4 MONTHS AFTER THAT I WAS INDICTED FOR AGG. ASSAULT A HIGHER FELONY. 2 MONTHS LATER THE DA FILED A MOTION TO AMEND INDICTMENT TO AD DEADLY WEAPON TO THE AGG ASS. THE JUDGE GRANTED MOTION .. INSTEAD OF THE GUN BEING A DEADLY WEAPON NOW ITS MY HANDS.. AND I HAVE A DIFFRENT JUDGE..IN 15 MONTHS I HAVE NEVER BEEN IN FRONT OF JUDGE EXECPT THE DAY AFTER FOR BOND.. ITS TAYLOR COUNTY TX

Attorney answers (3)

  1. Macy Michelle Jaggers

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . You have the right to file the motion and have a hearing on it. It's up to the judge whether to grant it. They have wide latitude on this issue. I've know judges that grant every one they get and judges that deny them all. Most are in between. A fifteen month delay is actually not that long on a felony, but its worth a shot.

    Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Ms. Jaggers... more
  2. Evan Edward Pierce-Jones

    Contributor Level 18

    1

    Lawyer agrees

    Answered . For a serious felony case, 15 months is seldom sufficient time for a speedy trial motion to succeed. However, I have learned over many years of practicing criminal law to never say never.

    You need to sit down with a criminal defense lawyer who is familiar in some detail with the law of speedy trial in Texas. Many general practitioners do not have this knowledge at their fingertips and many defendants stumble into the Texas speedy trial statute and don't know that it is no longer in effect.

    Speedy trial law is based on constitutional rights as those have been interpreted by the US Constitution. If the lawyer you are speaking with seems to lack familiarity with the subject, you might mention that you are talking about your rights under the US Supreme Court Barker v. Wingo case as it has been applied in Texas.

    Like I said above, I never say never. So, consult a reputable criminal defense lawyer.

    Answers on Avvo are for general information purposes only and should not be relied upon as legal advice. No... more
  3. Thomas Harlan Swain

    Pro

    Contributor Level 11

    Answered . Ms. Jaggers is correct. In the jurisdiction where I practice that would not be an unusual amount of time to have a case like yours pending. It's hard to say from the information given, and please do not reveal specific facts here, but your case may have taken that long to indict for some reason related to the facts or investigation.

    You certainly have the right to a speedy trial, and that's an issue to speak with a lawyer about. Tell them about your concerns, and make sure to listen to their reasoning and response on why filing a motion for speedy trial may or may not be good step to take. Sometimes delay can be good for your case, other times it may not.

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