This is a multi-state form covering the subject matter of the title.
Speedy Trial Without Demand In Bexar
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State:
Multi-State
County:
Bexar
Control #:
US-000291
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FAQ
A speedy trial motion can be benefetial because it limits the time for the prosecution to build a case against someone by gathering evidence, but the prosecution usually files a motion for more time. It also doesn't keep someone that can't make bond in jail waiting till the prosecution builds their case.
For infractions and misdemeanors, a trial must be held within 30-45 days of arraignment; For felonies, a trial must be held within 60 days of arraignment.
Note that there are exceptions that allow a trial to take place after the time periods set forth in this statute. For example, a trial may get lawfully postponed if: you consent to or request a later date, or. there is a “showing of good cause.”
UNDER THE TEXAS SPEEDY TRIAL ACT THERE IS NO REQUIREMENT OF A SHOWING OF PREJUDICE, AND ALTHOUGH A MOTION FOR DISCHARGE MUST BE MADE BEFORE TRIAL, THE INTERVAL WHICH WILL SHIFT TO THE PROSECUTOR THE BURDEN JUSTIFYING THE DELAY IS MUCH SHORTER THAN THE CONSTITUTIONAL THRESHOLD OF 1 YEAR.
The most common reason for waiving speedy trial is to give the defense more time to prepare their case. If a defendant is facing serious time if convicted, taking the time to let your attorney be prepared as possible can very well be worth a couple of more months in jail.
Answer: One reason that does NOT guarantee a defendant receives a speedy trial is the passage of time between arrest and trial can be used by investigators with the district attorney's office to continue identifying additional witnesses and strengthen their case against the accused.
SPEEDY TRIAL ISSUES Delays in law enforcement disclosures of evidence to prosecutors lead to delays in disclosure to the defense and the need for continuances; Backlogs in state laboratories delay completion of key forensic testing;
The most common reason for waiving speedy trial is to give the defense more time to prepare their case. If a defendant is facing serious time if convicted, taking the time to let your attorney be prepared as possible can very well be worth a couple of more months in jail.
Becker, 53 MJ 229 (test for violations of the Sixth Amendment right to a speedy trial includes four factors: (1) length of delay; (2) reasons for the delay; (3) appellant's demand for speedy trial; and (4) prejudice to appellant).
A Texas defendant can make a demand for a speedy trial. At this point, a judge will generally set a trial date. But, unlike the majority of states, Texas law doesn't specify a set parameter in which the trial must start upon a defendant's demand (like 90 or 120 days).
More info
Attorney for Defendant. Civil Court Dockets.It will be up to the defendant to repeat the demand or file a motion to dismiss based on a speedy trial violation. Learn more about the trial process and the rules of the court. View plea options that can be submitted for court cases. In general, Texas has very few official legal forms. 96-43, Section 3, 93 Stat. 327. " There is no mention of the motion for speedy trial or a request that the motion be reset before the trial court. Situations. Do not advocate to any representative or employee of the Bexar County Criminal District. "I'd gone to visit him in the truck to give him a pump-up speech, not that he needs it," Shapiro told SBJ on Monday night.