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Speedy Trial Rights When the Victim Can't Be Served

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  • 03-14-2013, 10:59 PM
    elvis777x
    Speedy Trial Rights When the Victim Can't Be Served
    My question involves criminal law for the state of: Texas

    In 2011 I was accused of DV towards my wife. I was not arrested at the time and months later I found out I had a warrant. It has been 15 months since the incident and we are yet to have a trial. the DA keeps changing the pre trial date since they are not able to serve my now ex-wife. It has been three times that they have tried to serve her to no luck. What are the chances that my speedy trial rights will be violated if they keep changing the date to try to serve her? or have I waived those rights for not bringing it up? next pre trial is tentative for 4/22/13 it has been changed twice so far
  • 03-15-2013, 06:49 AM
    indybail
    Re: Speedy Trial Rights When the Victim Can't Be Served
    Are you awaiting trial in custody or have you posted bail? Speedy trial rules can vary based on what the pretrial custody situation is.
  • 03-15-2013, 08:14 AM
    flyingron
    Re: Speedy Trial Rights When the Victim Can't Be Served
    Obviously, at 15 months you're beyond all the statutory speedy trial guidelines, however Texas doesn't automatically throw things out because the time has expired. Your lawyer will need to demand a speedy trial and show that the delay is both unreasonable and prejudicial to your defense if it further delayed.
  • 03-18-2013, 12:36 PM
    elvis777x
    Re: Speedy Trial Rights When the Victim Can't Be Served
    I was never arrested, the judge gave me a PR bond, then 4 months later I had to process through a jail since it was determined that I had to go in to get mug shots and fingerprints. the process took 30 minutes.
  • 03-18-2013, 01:48 PM
    flyingron
    Re: Speedy Trial Rights When the Victim Can't Be Served
    If you were give bond, you were arrested, not that it makes any difference. What I stated still holds.
  • 03-18-2013, 02:46 PM
    jk
    Re: Speedy Trial Rights When the Victim Can't Be Served
    How long ago were you booked. That is when the time for a speedy trial starts running, generally.
  • 03-19-2013, 06:23 PM
    elvis777x
    Re: Speedy Trial Rights When the Victim Can't Be Served
    The court issued a pr bond march 2012. I had to process through jail on July 2012. I turned my self in since it was necessary in order for case to move forward. I am guessing that me turning my self in counts as an arrest.
  • 03-19-2013, 07:00 PM
    jk
    Re: Speedy Trial Rights When the Victim Can't Be Served
    Quote:

    Quoting elvis777x
    View Post
    The court issued a pr bond march 2012. I had to process through jail on July 2012. I turned my self in since it was necessary in order for case to move forward. I am guessing that me turning my self in counts as an arrest.

    check this out:

    http://www.brodenmickelsen.com/code/cp0032A00.html

    don't miss this part:

    Quote:

    Sec. 3. The failure of a defendant to move for discharge under the provisions of this article prior to trial or the entry of a plea of guilty constitutes a waiver of the rights accorded by this article.
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