Legal Question in Criminal Law in Texas

I have an assualt case set for trial. Two months ago I was offered time served on this charge. It is simple class A misdemeanor in which I believe I am innocent. Will my case automatically be tried on my court date? Or is there a chance it could be not tried on that day?


Asked on 1/21/12, 11:04 am

1 Answer from Attorneys

M. Elizabeth Foley The Law Office of M. Elizabeth Foley

Assuming you're taljing about a jury trial, there's very definitely a chance your case might not come to trial on the date you've been given. Normally, quite a few cases are set for trial on the same day, with the hope that at least a few will be ready to go on that date (often there end up being missing witnesses, motions that still haven't been filed, attorneys with conflicting court settings in other cases, expert witnesses who can't make it, sick defendants--you name it). Jury summons have to be sent out far in advance, though, to give the potential jurors plenty of notice. So the goal is for the court to have SOME case ready to go before those jurors, and getting to that point requires setting a lot more cases than will actually go to trial. It's not uncommon for a case to be set three or four times before it finally ends up before a jury. On the other hand, because of all those factors above, you never know when your turn's coming. The cases ahead of you on that trial docket could all suddenly crater, leaving your case at the top of the list.

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Answered on 1/21/12, 11:26 am


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