Texas | Criminal Law
Legal Question
Assault with a deadly weapon
How long can someone be held in jail before they recieve a trial?
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Legal Answer
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Read More Answered By: Mary Miranda |
Re: Assault with a deadly weapon The answer to this question, when a case is pending before a District Court, depends on whether or not an indictment has been filed. The Texas Code of Criminal Procedure states that, upon a motion, based on "good cause" and supported by an affidavit, the case shall be dismissed if an indictment or information is not presented within 180 days from the date of committment. To determine whether there is "good cause" to dismiss, the courts apply a "totality of the circumstances" test, and consider, among other things, (1) the length of the delay, (2) the State's reason for the delay, (3) whether the delay was due to a lack of diligence on the part of the State, and (4) whether the delay caused harm to the accused. This 180-day time frame does not apply once the indictment has been returned and filed with the court. The only guidelines the code gives are that the court must give priority to criminal over civil cases, and to defendants who are in custody over those who are out on bail. Obviously, one's constitution right to a speedy trial is also a guiding factor, but determination of whether one's rights have been violated is dependant on the specific facts, not on any set timeline. |
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