What Is A Speedy Trial? And How Does It Work In Texas?

In this article, you can discover…

• What it means to have a “speedy trial” in Texas.
• What happens if the prosecution isn’t ready by your trial date.
• How to determine if it’s best to go to trial sooner or to wait.

What Is The Legal Definition Of A “Speedy Trial”?

The United States Constitution states that you have a right to a “speedy trial,” though determining when that right has been violated is up to the courts. Texas courts will consider four factors to determine if you have been denied your right to a speedy trial, based on the case Barker vs. Wingo.

These factors are as follows:

1. How Long You Have Waited For A Trial
   1. Courts will first consider how long you have been waiting for a trial. Generally, if your trial has not begun within eight months, you and your attorney can file a motion to dismiss the case on the grounds of a violation of your right to a speedy trial. However, just because you file the motion, does not mean it is going to be granted. The Judge will consider the length of the delay as well as three other factors in determining whether to grant your motion to dismiss.
2. The Reason For The Delay
   1. In addition to how much time has gone by, the courts will consider whether the State has a valid reason for delaying your trial. For example, if your trial is delayed because the State can’t find its witnesses, this will be held against the State. But if your trial was delayed for reasons not within the State’s control (such as COVID or a reset request), such a delay will not be held against the State.
3. Whether You Have Requested A Jury Trial With The Court
   1. You also should ask for a jury trial for the best chance at getting your right to a speedy trial granted. This involves you and your attorney filing paperwork with the courts to request a jury trial, after which the Court will most likely set a trial date. Be aware, however, that going before the Judge is not a guarantee that the Judge will rule in your favor on the motion. Some clients assume that requesting a speedy trial will pressure the courts to get their case over with and find them not guilty or simply dismiss their case, but this is rarely the case.
4. How The Delay Has Harmed Or Cost You
   1. Finally, and most importantly, the courts will consider if the delay has harmed you. For example, key witnesses may forget important information as time goes by, or important evidence in your defense could wind up getting lost. You may also be sitting in jail for far too long when you are actually innocent. Your attorney will articulate this harm to the courts, and many motions are granted after a defense attorney shows how the delay has caused harm and violated their client’s right to a speedy trial.

Attorney Jonathan Lowe is a hard-working, diligent defense attorney serving Texas. For over 10 years, he’s helped men and women just like you protect their legal rights and weigh defense strategies with unrivaled care.

Have questions, or in need of superior legal representation? Reach out to The Lowe Law Office, PLLC at (817) 660-7601 today.

What Happens If Prosecutors Are Not Ready For My Case By The Scheduled Trial Date?

Once a case is filed with the district attorney’s office, there will be several court dates, the number of which will be determined by a judge before your case goes to trial. There will usually be anywhere from two to four pretrial settings, giving you the opportunity to accept a plea deal from the State instead of heading to trial.

If you refuse the State’s offers, your case goes to the trial docket, where the State is expected to announce the charges against you and announce that they are ready for trial. If the State prosecutors are not ready, the judge will ask them why, and they must provide a reason, such as a witness who is not available or evidence that they haven’t gathered yet (such as waiting on lab results or DNA results).

The judge then has the discretion to grant the State a continuance if the State has shown a good reason why they are not ready for trial yet. In the second trial setting, further pressure will be put on the State if it is still not ready.

If the judge then chooses to deny further continuance, your case will proceed to trial. In some cases, the State themselves may dismiss the case because they feel they do not have enough evidence to prove their charge against you. In other cases, the State will move forward with a trial, even if they lack some of the evidence they want to have, so they will instead be forced to go to trial with the evidence that they do have.

The same is true of the defense. The judge will typically ask your defense attorney if they are ready. If your lawyer is not ready, for example, because a key witness in your defense is not available, a continuance may be granted if the judge permits this. In other cases, however, your case proceeds to trial if the judge will not grant the continuance or grant further continuances.

How Do I Choose Between My Right To A Speedy Trial And Delaying The Trial To Build A Stronger Defense?

Every case is unique, and the benefits or risks of each choice depend on the facts of your case as well as your attorney’s strategy. It’s also important to consider who the judge is, who the prosecutor is, and which county you are being tried in, as temperaments and jury opinions can vary.

Once your case is set for trial, prosecutors will begin to take a long, hard look at evidence they may have initially just glanced over. Once they begin to seriously review evidence, they may find that they don’t have as strong a case against you as they thought. They could then make more reasonable plea offers, offers which might be better for you than the results of a trial. On the other hand, the State might find more evidence against you when speaking with witnesses or watching body cam/dash cam videos.

In other cases, however, you may feel that you have better chances with a jury and that the evidence in your defense is strong. It’s important to discuss with your attorney why you hope to delay a trial. Are you trying to delay to get a better plea deal from the State, or are you trying to delay to gather more evidence in your defense toward a trial? At some point, the offer from the State will expire and you might get what you ask for: a trial. A lot of clients do not actually want a speedy trial; instead, they want a better deal. Ultimately, this is an important, informed decision to make after lengthy discussions with your criminal defense attorney.

Still Have Questions? Ready To Get Started?

For more information on How Speedy Trials Work In Texas, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (817) 660-7601 today.