Lisa Shapiro Strauss is a criminal defense attorney in Houston dedicated to protecting the rights of clients who have been charged with misdemeanor or felony offenses. This includes the right to a speedy trial. In this post, we’re going to discuss your rights to a speedy trial under the U.S. Constitution and the legal options available to those who may be experiencing unwarranted trial delays.
What Is the Right to a Speedy Trial?
The right to a speedy trial is laid out in the Sixth Amendment to the U.S. Constitution. Ratified on December 15, 1791, the purpose of the Sixth Amendment is to protect the rights of criminal defendants from unreasonable delays in court proceedings. In addition to the right to a speedy and public trial, the Sixth Amendment also guarantees that:
- The accused has the right to an impartial jury from the state and district where the crime took place.
- The accused has the right to be informed of the nature and cause of the accusation.
- The accused has the right to confront the witnesses against them.
- The accused has the right to the assistance of counsel for their defense.
The U.S. Supreme Court has ruled that the right to a speedy trial applies to delays between the start of a criminal trial and the ruling.
In addition, Article 1, Section 10 of the Texas State Constitution guarantees the right to a “speedy public trial” for those accused of criminal offenses. State courts generally apply the same standards to enforce the state constitutional right to a speedy trial as federal courts.
Factors That Affect The Speed of a Trial
Several factors can impact the speed at which a trial proceeds. Some of the ways a trial can be delayed include:
- Court backlogs – High volumes of cases can lead to criminal trial delays.
- Case complexity – Complex cases involving multiple parties, difficult legal issues, or extensive discovery can take months or even years to resolve.
- Prosecutor delays – Prosecutors may request more time to gather evidence, interview witnesses, or conduct investigations, which can result in delays.
- Defense requests – Defense attorneys may request delays to gather more evidence, conduct independent investigations, or engage in plea negotiations.
- Strategic delays – A defense attorney may use strategic delays to weaken the prosecution’s case or obtain more favorable terms.
- Witness availability – Difficulty in securing witnesses can slow down proceedings.
- Pre-trial motions – Pre-trial motions for dismissal, to suppress evidence, or to change the venue, can delay the start of a trial.
- Plea bargaining – Negotiations between the defense and prosecution can delay the trial. Trial dates can also be pushed back If these talks break down or new terms need to be considered.
How to Enforce Your Right to a Speedy Trial
The right to a speedy trial is not automatically triggered. It is a right the defendant must assert. If the right is not asserted, it may be considered waived.
If you believe your rights to a speedy trial are being violated, it’s important to speak to an attorney as soon as possible. Your attorney will be able to review the facts to determine if your right to a speedy trial has been violated and help you file a formal request or motion to dismiss the charges against you.
There are many ways a defense attorney can help enforce your right to a speedy trial:
- They can file a motion for a speedy trial, which compels the court to schedule the trial promptly.
- They can evaluate any delays in your case. Delays caused by the prosecution or court system, rather than the defense, may be used to argue a violation of the right to a speedy trial.
- They can object to continuances that are not necessary or that seem to be deliberately prolonging the trial process.
- They can show that the judge or jury is prejudiced against you and this prejudice has resulted in unnecessary trial delays.
The courts generally consider four points when determining if a defendant’s right to a speedy trial has been violated:
- The length of the delay
- The reasons for the delay
- Whether the defendant requested a speedy trial
- Any prejudice to the defendant from the delay
By proactively asserting your rights, opposing unnecessary delays, working closely with your attorney, and filing the appropriate motions, you can ensure that your right to a speedy trial is respected.
Consequences of a Violated Speedy Trial Right
If the court decides the defendant’s right to a speedy trial the charges against them will be dropped and any conviction or sentence will be wiped out.
The charges may be dismissed with or without prejudice. If the case is dismissed “with prejudice,” the prosecution cannot refile the charges against the defendant and the case is permanently over. However, if the case is dismissed without prejudice, the prosecutor can refile the charges at a future date.
Frequently Asked Questions About Criminal Cases in Houston
How long does a criminal case in Texas usually take to resolve?
How long it takes to resolve a criminal case in Texas depends on several factors, including depending on the severity of the charge, the complexity of the case, and the court’s backlog. Simple misdemeanor cases are generally resolved within a few months, while complex felony cases can take years to be decided.
In Texas, can I get released from jail while waiting for my trial?
In Texas, a defendant can be released from jail while awaiting trial if a judge sets bail. Depending on the circumstances of your case and the judge’s assessment of your flight risk and criminal history, the defendant may be released after posting a financial bond or released on their own recognizance.
What is the difference between a plea deal and going to trial?
A “plea deal” is an agreement between a defendant and the prosecutor where the defendant pleads guilty to a crime, usually in exchange for a reduced sentence or other concessions. A defendant who pleads not guilty will have to demonstrate their innocence by going to trial and presenting their case to a judge and jury. By going to trial, a defendant risks jail time and other serious penalties if not found innocent.
Trial Delays? Speak to a Criminal Defense Attorney in Houston Today
In Texas, everyone charged with a crime has a right to a speedy trial. If these rights are violated, the charges must be dropped. Lisa Shapiro Strauss has extensive experience enforcing the speedy trial rights of her clients. If you’ve been charged with a crime in Houston or Harris County and believe your rights to a speedy trial are being violated, get in touch with the law office of Lisa Shapiro Strauss today.
