Legal Question in Criminal Law in Texas

The right to a speedy trial.

Is there a Federal ruling that when a person is arrigned in court they have the right to a SPEEDY TRIAL within 90 days after arrignment? If there is such a ruling must the State of Texas abide by that Federal ruling?


Asked on 9/20/97, 9:39 pm

1 Answer from Attorneys

Gerald McDougall Law Office of Gerald McDougall

Speedy Trial question for Texas

In the Northern District of Texas US Courts, the rule seems to be that a case must be ready for trial not later than 70 days after arraignment on the indictment,

There is no such rule in Texas. Under the Code of Criminal Procedure, you can be told to be ready for trial not earlier than 10 days after arraignment on the indictment.

Texas is NOT obliged to follow the procedural rules of the US District Courts unless a Federal Court rules that a Texas procedural rule is unconstitutional - which hasn't happened too often, procedure is considered to be an absolute right of each court system.

Texas' "Speedy trial act" was thrown out a few years ago on the grounds that the statute improperly and unconstitutionally interfered with the court's functions.

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Answered on 9/21/97, 12:21 pm


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