Legal Question in Criminal Law in Texas

In state jail felony case when I let go my attorney who is not paying attention on my speedy trial date request to court. While scheduled trial date is more than 4 months away and case already is more than 10 months old. Now I become pro se.

Now the Judge ordering that defendant need to come every day till defendant has new attorney. Is this order sounds realistic/lawful? If yes then how?


Asked on 2/16/13, 5:58 pm

1 Answer from Attorneys
Cynthia Henley Cynthia Henley, Lawyer

The judge must conduct a hearing to determine if you are qualified to represent yourself. If you are not, then you must have a lawyer. If you are indigent, one should be appointed. If you are not indigent, then the judge CAN order you to come to court daily until you hire one so that you are not controlling the docket which is what it sounds like you are trying to do.

14 months is not an a LONG time with regard to a trial date for a person on bond - especially depending on the county. In Harris county, many defendants in custody wait far more than that. While you may have speedy trial rights, your rights to not supercede everyone else's rights. And, the lawyer has the absolute decision about every aspect of the case except whether to have a trial and whether or not you testify. A good lawyer will review everything and explain decisions to you, but the lawyer makes the final decision.

Hire a lawyer. You are causing your case to be further delayed.

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Answered on 2/20/13, 5:05 pm


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