Legal Question in Criminal Law in Texas

Re: Speedy Trial

Speedy Trial

According to Art 1.05, TxCCP, In all criminal prosecutions the accused shall have a speedy public trial�However, in deciding whether a accused has been denied their right to a speedy trial, a court must look to a balancing test in which conduct of both the prosecution and defendant are weighed. Factors to be weighed are, among others, the length of the delay, the reason for delay, the defendant�s assertion of speedy trial right, and the prejudice resulting from the delay. The appellate courts have held that assertion of right to speedy trial while important, does not necessarily amount to a waiver of his right, but does make it difficult to prove he was denied a speedy trial. This is because failure to demand the right indicates that the accused didn�t really want a speedy trial.

So answer to your questions is, well it depends. Have you demanded speedy trial? Did you really want a speedy trial? Even though you may have a right to speedy trial, it like many others, can be waived if not raised. My advice would be to consult your lawyer. There are often very good, and maybe even strategic reasons, cases are reset by the Defense.

Re: Speedy Trial

It is highly recommended you build up a good relationship with your attorney and discuss strategy and forster understanding of the process. Unfortunately, when you are represented by an attorney, other attorneys are prohibited in discussing your case with you.