Legal Question in Constitutional Law in Texas

Speedy Trial?

My stepson has been in jail for almost 2 years waiting for trial. It keeps being postponed. The last date was for 11-6-06 but has now been post poned again until 3-5-07. What happened to speedy trial? Is there a limit to the time a person can be held without going to trial? He was originally arrested in Feb 2005 and was charged with the offense while in jail in march of 2005. He has been waiting to go to jury trial. The charged is aggrevated sexual assault on a minor. He is on his 3rd attorney. The first 2 were paid but did nothing and will provide statement of accounts. The latest attorney is court appoint. She has had the case since March 2006 and finally got court dates scheduled but they keep being rescheduled. What are his rights and is this the normal process?


Asked on 11/07/06, 10:44 am

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Speedy Trial?

Your son probably waived his right to a speedy trial at his arraignment or soon thereafter. Most defendants do this in order to give their defense attorneys time to prepare, since a speedy trial can do more harm than good if defense counsel isn't able to prepare the case so quickly.

Two years is a long time to await a trial and it sounds like there have been problems along the way, but nothing you have said suggests that those problems were caused by the state. If your son's former attorneys made the delays necessary then your son has not gained any rights as a result. If the system worked that way defense counsel would have a strong incentive to delay cases instead of bringing them to trial.

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Answered on 11/07/06, 3:43 pm


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