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  1. #1
    Join Date
    Mar 2013
    Posts
    3

    Default 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

  2. #2
    Join Date
    Jan 2011
    Location
    Indianapolis, Indiana
    Posts
    346

    Default 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.

  3. #3
    Join Date
    Sep 2010
    Posts
    19,901

    Default 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.

  4. #4
    Join Date
    Mar 2013
    Posts
    3

    Default 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.

  5. #5
    Join Date
    Sep 2010
    Posts
    19,901

    Default 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.

  6. #6
    Join Date
    Jan 2006
    Posts
    38,867

    Default 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.

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