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

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?

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Attorney answers 3


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 attorney / client relationship is created by providing this answer. For specific advice about your situation, you should consult a competent attorney of your choosing.


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 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 for more information about her services and recent victories.


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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