Motion For Speedy Trial Form Texas
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FAQ
Specifically, tell your lawyer to demand a speedy trial on your behalf. Your lawyer will put the demand in writing, and file with the court a "Speedy Trial Motion." Once the demand has been filed in writing, your lawyer must demand to have the speedy trial motion that she filed heard before the court.
(in determining whether an appellant has been denied his right to a speedy trial under the Sixth Amendment, an appellate court considers the following factors: (1) the length of the delay; (2) the reasons for the delay; (3) whether the appellant made a demand for a speedy trial; and (4) prejudice to the appellant).
UNDER THE TEXAS SPEEDY TRIAL ACT THERE IS NO REQUIREMENT OF A SHOWING OF PREJUDICE, AND ALTHOUGH A MOTION FOR DISCHARGE MUST BE MADE BEFORE TRIAL, THE INTERVAL WHICH WILL SHIFT TO THE PROSECUTOR THE BURDEN JUSTIFYING THE DELAY IS MUCH SHORTER THAN THE CONSTITUTIONAL THRESHOLD OF 1 YEAR.
The Sixth Amendment to the United States Constitution guarantees that ?in all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial.? The Texas Constitution also guarantees the right to a speedy trial, but neither source nor any Texas statute defines precisely how quick a ?speedy? trial ...
Speedy Trial rights in Texas 180 days if the defendant is accused of a felony. 90 days if the defendant is accused of a misdemeanor punishable by imprisonment for more than 180 days. 60 days if the defendant is accused of a misdemeanor punishable by imprisonment of 180 days or less, or punishable by a fine only.