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Dallas Texas Motion for a Speedy Trial
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Multi-State
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Dallas
Control #:
US-01900BG
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FAQ
Some defendants may choose to waive their right to a speedy trial for various strategic reasons. For instance, this may provide additional time for preparing a strong defense or negotiating a plea deal. By understanding the implications of a Dallas Texas Motion for a Speedy Trial, you can make informed decisions that align with your best interests in the legal process.
Texas case law states that a delay of eight months or more from being accused until trial is sufficient to meet that threshold. Once eight months has elapsed, a reviewing court is forced to conduct the balancing test formulated in Barker.
18 U.S.C. § 3161(b). Trial must commence within 70 days from the date the information or indictment was filed, or from the date the defendant appears before an officer of the court in which the charge is pending, whichever is later. 18 U.S.C.
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.
Texas case law states that a delay of eight months or more from being accused until trial is sufficient to meet that threshold. Once eight months has elapsed, a reviewing court is forced to conduct the balancing test formulated in Barker.
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.
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.
The U.S. Supreme Court provided some guidance in laying out the factors to be considered when trying to determine whether the time to trial was speedy enough....What is a "Speedy" Trial? Length of delay; Reason for the delay; Defendant's assertion of his right; and. Prejudice to the defendant.