Legal Question in Criminal Law in Texas

Has my son's civil rights to a speedy trial been violated?

Son is incarcerated at Grayson Co.,Sherman, TX. He was arraigned 180 days ago. No trial-2 court dates, on the fourth court appointed attorney. Interrogated twice without counsel present.

What can be done or who can be notified-if his civil rights to a speedy trial have been violated? Have they been violated? Texas says they do not abide by a federal ruling of a speedy trial 90 days after arrignment.


Asked on 9/20/97, 4:36 am

2 Answers from Attorneys
Dan Kirby Law Office of Dan Kirby

Son's Speedy Trial

My understanding is that the US Supreme Courtthat the Speedy Trial Act like the one Texashad was unconstitutional. Rather than an automatic dismissal for a case not reached in acertain number of days, the defendant mustnow meet certain criteria in order to complain.I don't recall each element at this time, so you might talk to the court-appointed attorneyand have him explain it to you. It's kind ofcomplicated and is discretionary with the court.That challenge is not often successful thesedays.

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Answered on 9/20/97, 5:18 pm
David Sergi Sergi and Associates PLLC

Texas Speedy Trial

The Speedy Trial Act in Texas is basically dead. The real answer here is to hire a good local attorney who knows the courthouse and get rteady for trial. If the defendant announces ready and catches the State unaware, Art.,17.151 of the CCP should get him out on bond. The long and short of it is that unless the baLACING FACTORS ARE PRESENT AS OUTLINED IN THE PREVIOUS REPLY, HE MAY BE THERE A WHILE.

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Answered on 9/21/97, 9:43 am


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