Legal Question in Criminal Law in Texas

Re: open cases

The court has 180 days to bring a defendant to trial from the day he demands speedy trial. That time can be tolled if the defendant and/or his attorney request a continuance.

Re: open cases

If by "the courts" you mean that charges have already been filed, in Texas generally the state has 180 days to bring a defendant to trial after the right to speedy trial has been asserted (usually at arraignment).

However, that period may be stretched much longer. Under both the federal and Texas constitutions, a four-part balancing test is used to determine whether an accused has been denied the right to a speedy trial.

The four factors are the length of the delay, the reason for the delay, the assertion of the right, and prejudice to the accused.

In Texas, generally any delay over one year has been held enough to trigger a speedy trial inquiry.

Prejudice to the accused will be found where a defendant is able to make some showing that he has been oppressively incarcerated by the delay to trial, or that delay has caused unreasonable anxiety and concern, or that delay has impaired the accused's defense.

If there's been no indictment, no charge filed, and so the defendant is not in jail or on bond on the charge, the statute of limitations for filing a charge or for indictment is five years on a felony theft charge, two years on a misdemeanor charge, from the date of commission of the offense.