QUESTION

How do I know if my civil rights have been violated due to a lack of speedy trial?

Asked on Oct 02nd, 2025 on Criminal Law - Texas
More details to this question:
My dad has been in a criminal case for 3 1/2 years. He is currently charged with indecency with a minor. However, we have tons of evidence that has been provided to his lawyer, which is a court appointed lawyer of the girl claiming she made everything up as well as several testimonials from other people who she told as well. For the past 3 1/half years he has been having to wear an ankle monitor and had to pay for it.
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1 ANSWER

Criminal Law Attorney serving Bedford, TX
1 Award
Good question. The issue is whether his right to a speedy trial has been violated. Your dad should consult his attorney about whether he wants to file a motion to dismiss for violation of his right to a speedy trial.  The seminal case on point is Barker v. Wingo. There are four main factors a judge looks at to determine if someone's right to a speedy trial has been violated. First is the amount of time that has passed. Typically 8 months is the minimum.  Second, has your dad requested a trial? Third, what is the cause of the delay? Is the State ready to proceed to trial? Has your dad wanted to go to trial? Fourth, what is the prejudice that your dad has suffered as a result of the very long delay? All four factors are important but no single factor is dispositive. Courts are hesitant to grant speedy trial motions, but if your dad has been prejudiced and the State has not been ready for trial, then it is definitely an avenue worth pursuing.
Answered on Oct 03rd, 2025 at 4:20 PM

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