This is a multi-state form covering the subject matter of the title.
Speedy Trial Without Demand In Dallas
Category:
State:
Multi-State
County:
Dallas
Control #:
US-000291
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Word;
Rich Text
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FAQ
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.
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be ...
'Demand for Speedy Trial' Once filed, the defendant must be brought to trial within 50 days after the demand, although trial may commence in fewer than 50 days. A written Demand for Speedy Trial can drastically shorten the 90 and 175 day deadlines applicable in a conventional misdemeanor or felony case.
This rule requires the state to be prepared for trial within 90 days of a felony arrest, and while it doesn't automatically lead to case dismissal, it may entitle the defendant to a personal recognizance (PR) bond if an indictment isn't issued within this period.
What Factors Do Harris County and Galveston County Courts Consider to Grant a Speedy Trial? How long the trial was delayed. The reason the trial was delayed. Whether or not the delay compromised the accused's defense or prejudiced the defendant. Whether or not the accused has asserted their right to a speedy trial.
The Sixth Amendment to the United States Constitution guarantees the accused's right to a speedy trial. In addition, Article I, § 10 of the Texas Constitution guarantees the accused in all criminal prosecutions the right to a speedy and public trial.
10. RIGHTS OF ACCUSED IN CRIMINAL PROSECUTIONS. In all criminal prosecutions the accused shall hav† a speedy public trial by an impartial jury. He shall have the right to demand the nature and cause of the accusation against him, and to have a copy thereof.
The time it takes to reach a trial date depends on factors such as the court's caseload, the complexity of the case, and the availability of judges and courtrooms. On average, it may take several months to a year from the time a lawsuit is filed to the start of the trial.
