QUESTION
What's considered a "speedy trial" for Texas state jail felonies?
Asked on Jan 04th, 2014 on Criminal Law - Texas
More details to this question:
"James" was arrested 7/14/2013 and charged with unauthorized use of a vehicle. bond is $20k cash/surety. he's had more than 5 court dates that have all been rescheduled. Currently set for pretrial hearing 1/8/2014. another person associated with the case, "Bill", was arrested, tried, convicted, and sentenced in less than 6 weeks (arrested 10/7/2013 and sentenced around 12/10/13). his charge was "theft $20K-$100k". they both have extensive criminal history, and Bill was actually on probation. Bill is the one who obtained, lied about, signed for, and didn't return a rental car. He even used false information to get the vehicle. James was just driving (as authorized by Bill) when they got pulled over. How is Bill's trial over if James' hasnt started? If they had enough evidence for Bill to be convicted, shouldnt it speed up James'? IS IT LEGAL FOR JAMES TO SIT IN JAIL FOR THIS LONG WHILE HE WAITS FOR A PRETRAIL HEARING? It doesnt make sense that he yes to see a judge after SIX months!!
1 ANSWER
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There's a lot of factors courts consider in determining whether a person's right to a speedy trial has been violated. It doesn't sound like a violation on these facts, though. There are way too many folks that sit in jail awaiting trial for YEARS; not months. the DAs may have tried Bill's case first to try and pressure James into accepting a plea. It happens all the time. Also, the different time periods may to get the cases to trial may also depend on the quality of the defense that is there.
Answered on Jan 11th, 2014 at 1:31 PM