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.
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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.Ask a similar question
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knowledge at their fingertips and many defendants stumble into the Texas speedy trial statute and don't know that it is no longer in effect.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.
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