Legal Question in Criminal Law in Texas

Texas Code of Criminal Procedures

My question regards article 32A of the code of criminal procedures about speedy trial. I understand the state must be ready for trial in a dwi misdemeanor within 90 days from the commencement of the criminal action. My question is about section 2 which says the criminal action commences when the case is filed in court ''unless prior to the filing the defendant is either detained in custody or released on bail or personal bond to answer for the same offense or any other offense arising out of the same transaction, in which event the criminal action commences when he is arrested.''

I was arrested, jailed and released on bail in Chambers county on 4/12/2001. I received my first notice for a court appearance on 3/20/2002, almost 1 year after my arrest. I understand the above statute to mean the time limit on prosecuting me have already passed, but my lawyer say this is not true and we should go to trial.

Anyone willing to explain this to me?


Asked on 3/24/02, 5:58 pm

1 Answer from Attorneys
Thomas Lively Thomas Lively, Attorney

Re: Texas Code of Criminal Procedures

Article 32A.02 was declared unconstitutional in 1987 in that the act violated the separation of powers. An accused citizen does still have a right to a peedy trial under the Texas Constitution and the United States constitution. However what constitutes a peedy trial is not defined by statute. As a practical matter it is difficult to win a speedy trial complaint when the accused has been released on bond.

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Answered on 3/26/02, 12:08 pm


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