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Understanding Your Right to a Speedy Trial in Texas

Posted by Anthony Smith | Jan 11, 2025 | 0 Comments

Understanding Your Constitutional Right to a Speedy Trial in Harris County and Galveston County

The 6th Amendment to the United States Constitution holds that in all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial. It also holds that:

  • The jury shall be an impartial jury of the State and district where the crime was committed;
  • The accused will be informed of the nature and cause of the accusation(s) made against them;
  • The accused has the right to be confronted with the witnesses against them;
  • The accused has the right to obtain witnesses in their favor; and
  • The accused has the right to have an attorney represent them in their defense. 

The right to a speedy trial is considered to be fundamental to anyone accused of a crime, and it exists to prevent accused persons from being incarcerated for a crime they may not even be guilty of. Most states also have statutes that provide their citizens the same right to a speedy trial, although how it is enforced may vary by jurisdiction.

The right to a speedy trial is guaranteed by both the Texas Constitution and the United States Constitution. Under the Texas Constitution, Article I, Section 10, you are guaranteed the right to a speedy and public trial in all criminal prosecutions. Similarly, the Sixth Amendment to the United States Constitution, as applied to the states through the Fourteenth Amendment, also guarantees this right.

What Factors Do Harris County and Galveston County Courts Consider to Grant a Speedy Trial?

While the Constitution is clear that the accused has a right to a “speedy” trial, it does not clarify what speedy means. There are some criteria most courts will consider when deciding whether or not the accused's right to a speedy trial has been violated. Texas courts analyze claims of a denial of the right to a speedy trial using the factors established by the Supreme Court in Barker v. Wingo, 407 U.S. 514 (1972). These factors include:

  • How long the trial was delayed
  • The reason the trial was delayed
  • Whether or not the delay compromised the accused's defense or prejudiced the defendant
  • Whether or not the accused has asserted their right to a speedy trial

Individual states may have more concrete benchmarks for determining whether or not an accused's right to a speedy trial has been violated. 

How a Defense Attorney in Harris County and Galveston County Uses Speedy Trial to Your Advantage

It may be in a defendant's best interest to press the prosecution to proceed with the trial when defense counsel does not feel the prosecution will be ready to proceed. Often, state counsel is overworked and underfunded. This can cause them to have problems being ready to proceed to a speedy trial. Although, insisting that the state proceed quickly can backfire if the defense is not ready to proceed. It is likely that any request for a continuance will be denied.

The Risks of a Speedy Trial in Texas

While the right to a speedy trial is guaranteed in the United States Constitution, it may be in the best interest of a defendant to waive that right. In many cases, the defense needs additional time to prepare their case so that the defendant has the best defense possible. Reasons a defendant may want their trial delayed are:

  • To have time to find witnesses
  • To have time to gather evidence
  • To conduct depositions
  • To conduct discovery

Whether or not it is in a defendant's best interest to waive the right to a speedy trial is an issue best addressed by defense counsel.

Distinction Between Texas and Federal Rights

While the Texas and federal rights to a speedy trial are separate and distinct, Texas courts often look to federal court interpretations and applications of the Sixth Amendment to guide their understanding of the Texas constitutional right. This means that although the rights are independent, the principles and factors considered are often aligned.

Consequences of Speedy Trial Violations in Harris County and Galveston County

A defendant's right to a speedy trial may be violated in a number of different ways, including when the trial is intentionally delayed. Also, when the delay is negligent rather than intentional but extensive in length. Either way, when a defendant can prove that their right to a speedy trial has been violated, it may cause their conviction to be overturned or their indictment dismissed.

If you are facing criminal charges, it is crucial to be proactive about your right to a speedy trial. Here are some practical steps your attorney can take:

  • Assert your right to a speedy trial early and clearly.
  • Keep detailed records of any delays and the reasons provided for them.
  • Communicate regularly with you about the status of your case and any concerns you have regarding delays.

Understanding and exercising your right to a speedy trial is a critical aspect of protecting yourself during a criminal prosecution. If you have any questions or need legal assistance, please do not hesitate to contact our office.

At the Law Office of Anthony Ray Smith, PLLC, we provide solid criminal defense. If you are facing criminal charges, having competent legal representation on your side is essential. Call 713-242-8917 or contact us online to schedule a free consultation. To ensure you move through the criminal justice system fairly, you should retain counsel as soon as possible. Call the Law Office of Anthony Ray Smith, PLLC today at 713-242-8917 or contact us online to schedule a free consultation.

About the Author

Anthony Smith

Anthony started The Law Office of Anthony Ray Smith after his previous position as a Felony Prosecutor at the Galveston County District Attorneys Office. Anthony now focuses on representing individuals in their efforts of solving difficult legal issues and asserting their rights while seeking ju...

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