Fair and speedy trial texas

Regarding the third factor—the timely assertion of speedy trial rights—the appeals court noted the defendant waited until the trial began to actually get the court to hear his motion.

This is why it is important to work with an experienced Houston criminal defense attorney who can advise you on the best trial strategy for your case.

Tags: criminal defense , Manslaughter , Speedy Trial. Get Your Free Consultation Name. Time-sensitive or confidential information should not be sent through this contact form. I Have Read The Disclaimer. This field is for validation purposes and should be left unchanged.

Contact Us. They must choose between slow playing a case in hopes of working it out and consistently pushing hard for a trial setting. If you choose to push for trial and develop a speedy trial issue, here are a few things that will aid in preserving and bolstering the speedy trial claim. The Court of Criminal Appeals understands the tough decision that the speedy trial right creates for criminal defense attorneys.

Do you let time be your friend and continue working with the State toward a resolution? Or do you take a hard stance and request that the case go to trial immediately? The Court of Criminal Appeals understands this dilemma and in Henson stated that:. The requirement of preservation forces the defendant to pick one strategy. He can either fail to insist upon a speedy trial and possibly reap benefits caused by the delay, or he can insist on a prompt trial, and if it is not granted, argue for a dismissal.

He may not do both. If the defendants in Harris County truly want their day in court, they must push for it aggressively. Sitting back and signing agreed resets will only ensure that they continue to sit in the Harris County Jail with no conviction, no trial and ultimately, no remedy. When do the facts in these stories cross the line? Length of Delay The length of delay in a speedy trial analysis runs from the time that the defendant is accused until the moment that the defendant receives a trial.

Reason for the Delay The State has the burden in a Barker analysis to justify the length of time present on the speedy trial clock. Assertion of the Speedy Trial Right The defendant has no obligation to bring himself to trial. How should attorneys handle cases where these facts arise? File a motion for speedy trial demanding that the State put you to trial on the case.

Many cases are shot down in the appellate courts because the courts believe that the defendant is using the speedy trial clause solely as a vehicle for dismissal. It must be apparent from the record that the defendant wanted a trial, and failed to receive one, for the speedy trial claim to have a good shot. This is especially true considering the extraordinary remedy of dismissal with prejudice. Do not sign agreed reset forms. Agreed reset forms in Texas will effectively waive any right your client has to a speedy trial.

This is easier said than done in most counties, but if you believe you have a righteous speedy trial issue you cannot sign agreed resets. Signing agreed resets throughout your case will ensure that no court conducts the Barker analysis as you fall well short of the eight month threshold to trigger the analysis.

The motion for dismissal will likely be the motion that is heard prior to trial, but if you file it first, the District Court or Court of Appeals will assume that you are using the Speedy Trial Clause for dismissal purposes only. You need to show your wish to have a trial prior to using the speedy trial clause as a vehicle for dismissal. Request a hearing, and have the District Court decide the issue before you get to the Court of Appeals.

It is the responsibility of the defendant to develop the record for a Barker analysis and preserve the issue for appeal. This right cannot be raised on appeal for the first time in Texas. However, a motion to dismiss based upon a speedy trial right may be viewed as not an assertion to a right to a speedy trial, but rather seeking no trial. Adkins v. State , No. There is no particular length in delay that constitutes a violation of the right to a speedy trial.

Furthermore, portions of the delay may be attributed to the defendant, thus weighing against him. Kelly v. However, when there is a deliberate attempt to delay trial to hamper the defense, this factor would weigh heavily against the state.

Starks v. El Paso Common neutral events— such as overcrowded dockets — weigh less heavily against the state. Zamorano v. State, 84 S. Though courts are reluctant to find a defendant has been deprived of this constitutional right, and a defendant may bear the bulk of the burden, it is not impossible. The key to raising this claim lies in properly asserting the right to a speedy trial in Texas. A slight misstep may result in the court finding that the right was never asserted.

Right to a Speedy Trial was not Denied Harris v. State, S. Capital Murder 13 months State v. Greenlee, WL Tex. Tyler Aug.

Misdemeanor possession 13 months Deeb v. State, WL Tex. San Antonio Apr. Possession of drug paraphernalia 18 months Webb v. State, 36 S.