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New Mexico Motion for a Speedy Trial
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FAQ
The United States Constitution does not precisely define what a speedy trial is. Unsurprisingly, much litigation and legislation has helped to determine time limits for a speedy trial. The U.S. Supreme Court has laid out factors to consider when deciding whether the time to trial was speedy enough.
Tippit, 65 M.J. 69 (the Sixth Amendment to the Constitution provides that the accused in a criminal prosecution shall enjoy the right to a speedy trial; a four-part test has been established for assessing whether a delay amounts to a Sixth Amendment constitutional violation, requiring a balancing of the length of the ...
This rule is affectionately known as the ?182 day rule.? The rule can be affected by events such as a mistrial, one's failure to appear, an extension of time, etc., but with the typical case the trial must commence within 182 days from the date of one's arraignment.
Dismissal for failure to prosecute. Any action pending for six (6) months from the date the complaint is filed, in which the plaintiff or defendant asserting a counterclaim has failed to take all available steps to bring the matter to trial, shall be dismissed without prejudice.
Rule 5-604 - Time of commencement of trial for cases of concurrent trial jurisdiction originally filed in the magistrate, metropolitan, or municipal court A. Refiling of cases previously dismissed in a lower court.
Overview of Penal Code 1382 PC A formal charge (aka, an "information) must be filed against the defendant within 15 days of arrest; For infractions and misdemeanors, a trial must be held within 30-45 days of arraignment; For felonies, a trial must be held within 60 days of arraignment.
For cases of concurrent trial jurisdiction originally filed in the magistrate, metropolitan, or municipal court that are subsequently dismissed and refiled in the district court, the initiatory pleading in the district court shall state in the caption that it is a refiled case and shall state the following in the first ...
The Texas constitutional speedy trial right exists independently of the federal guarantee, but this Court has traditionally analyzed claims of a denial of the state speedy trial right under the factors established in Barker v. Wingo.