Legal Question in Criminal Law in Texas

ive been on bond for a misdemeanor assault charge since april 2010.i have turned down all plea offers (3) and made it clear i want to take it to trial.in december 2010 i was number 60 on the dockett. yesterday 4-21-11 I was told i am number 127 on the dockett. how is this possible? can they just rearrange me on the court dockett whenever they want without me even making an appearance ? M.Coley Randall county texas

Asked on 4/22/11, 9:31 am

2 Answers from Attorneys

Robert Tuthill Law Office of Robert H. Tuthill

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The court is in charge of the docket, and there are normally certain cases that take priority. For example, folks who are in jail and cannot afford to bond out take priority over those who were able to bond out. This makes sense since they are in jail waiting for their day in court as opposed to those out in the free world who can work and be with their families while they await their day in court. A court may also prioritize a case that has witnesses whose availability is difficult to obtain, like out of state witnesses or experts.

If you are agonizing over the time it is taking you to get your day in court, you should consult with your lawyer about possible speedy trial issues.

Having said all that, a delay in going to trial is normally to the benefit of a defendant. Cops can get jobs in other states and the DA doesn't want to spend the money to bring them back, or witnesses move and cannot be located, or memories fade, etc.

Answered on 4/22/11, 10:18 am

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