How to Get a Speedy Criminal Trial in Texas

Federal and state constitutions guarantee defendants a right to a speedy trial. A judge must dismiss the charges if a defendant successfully proves a speedy trial violation. Proving this constitutional violation, however, can be a difficult task. Here's how speedy trial claims work in Texas.

What Is the Right to a Speedy Trial in Texas?

A defendant's right to a speedy trial is guaranteed under the Sixth Amendment to the U.S. Constitution and Article 1, Section 10 of the Texas Constitution. The term "speedy" isn't defined in the federal or state constitution. The Texas Speedy Trial Act also leaves the term undefined but provides that criminal cases take precedence over most civil cases on a court's dockets. Of all criminal cases, those where a defendant is detained in jail pending trial receive top priority.

A Texas defendant can make a demand for a speedy trial. At this point, a judge will generally set a trial date. But, unlike the majority of states, Texas law doesn't specify a set parameter in which the trial must start upon a defendant's demand (like 90 or 120 days). It will be up to the defendant to repeat the demand or file a motion to dismiss based on a speedy trial violation.

(Tex. C.C.P. arts. 28.031, 32A.01 (2024).)

Why Are Speedy Trials Important?

Speedy trials are important for several reasons, including safeguarding other constitutional rights.

Limit pretrial incarceration. For starters, all defendants are innocent until proven guilty. Without speedy trial rights, the prosecutor could indefinitely delay a trial while a defendant sits in jail. Sitting behind bars not only creates anxiety and stress for a defendant, but it also means they can't work and provide for themselves or their family.

Stigma and stress of pending charges. Even for defendants out on bail, there's stress and anxiety having criminal charges hanging over one's head and having to abide by court conditions to remain free pending trial. Just the public stigma of criminal charges can damage one's career or personal reputation.

Fair trial. Defendants—guilty or not—deserve a speedy trial to ensure a fair trial. Long delays can hamper the ability to present a strong defense. Witnesses' memories fade, witnesses and evidence disappear, and witnesses can die. Ultimately, "justice delayed is justice denied."

Defense strategy. Demanding a speedy trial can be a good defense strategy as well. It can limit the time prosecutors have to prepare their case.

What Is a Speedy Trial Violation in Texas?

At some point, the delay between a defendant's arrest or charges and trial becomes a constitutional violation. Because there's no definition of "speedy" and each case is unique, the U.S. Supreme Court created a balancing test to determine if there's been a speedy trial violation.

Balancing Test for a Speedy Trial Violation

A court must evaluate and balance the following four factors to determine whether the state has violated a defendant's right to a speedy trial:

• the length of the delay
• the reason for the delay
• the defendant's assertion of their right, and
• whether the delay prejudices the defendant.

Under this test, the state has the burden of justifying reasons for the delay in going to trial. The defendant must prove they asserted their right to a speedy trial and were prejudiced by the delay.

Remedy for a Speedy Trial Violation

If the court decides a speedy trial violation occurred, it must dismiss the criminal charges. Because the remedy is so drastic, courts do not take this test lightly.

(Barker v. Wingo, 407 U.S. 514 (1972); Hopper v. State, 520 S.W.3d 915 (Tex. App. 2017).)

How Long Can a Criminal Case Be Pending in Texas?

As noted above, every criminal case is unique—and no set length of time violates one's right to a speedy trial. However, Texas courts have found a wait of eight months or more between arrest and trial is enough to trigger an analysis for a speedy trial violation. (State v. Lopez, 631 S.W.3d 107 (Tex. App. 2021).)

Generally speaking, the longer the delay, the more likely there's been a violation—but this is only one of four factors reviewed by the court. The court will review the reasons for the delay (any bad faith by the prosecutor or defense) and whether the defendant agreed to, or argued against, delays in the case. Courts also consider the seriousness of the case. A 10-month delay for misdemeanor charges is less acceptable than in a complex, felony case.

How Do You Get a Speedy Trial in Texas?

Defendants must ask for a speedy trial. Generally, the defendant must assert their constitutional right to a speedy trial and then ask the court to dismiss the case based on a violation of this right.

Motion to Dismiss for a Speedy Trial Violation

In a motion to dismiss, the defendant has the burden of proving they asserted their right to a speedy trial and were prejudiced by the delay. Defendants who sit idly by, agree to continuances, and don't show any urgency will have a difficult time proving their speedy trial rights were violated.

Below are examples of factors weighing against and for a speedy trial violation, as well as criminal case examples.

Factors Weighing Against a Speedy Trial Violation and Motion to Dismiss

Factors that weigh against a defendant's motion to dismiss for a speedy trial violation include:

• the defendant waited a long time to assert their speedy trial rights
• the defendant agreed to continuances and resets of trial dates
• the defendant's bad acts caused delays (for instance, violating bail or hiding from authorities)
• the complexity of the case required extensive preparation for trial
• the prosecutor made good-faith efforts to find witnesses and evidence
• the prosecutor engaged in good-faith plea bargaining, and
• the defendant benefited from the delay (for example, the state's key witness goes missing).

In Stiles v. Texas, the court denied a defendant's motion to dismiss despite a delay of over four years between arrest and trial. The court found that (1) the state's delays in DNA testing were negligent but not done in bad faith and (2) the defendant agreed to several continuances, waited four years to assert his speedy trial rights, and showed no prejudice from the delay. (596 S.W.3d 361 (2019).)

Factors Supporting a Speedy Trial Violation and Motion to Dismiss

Factors that weigh in favor of a speedy trial violation—and dismissal—include:

• a lengthy delay (often years)
• the length of the delay exceeds the length of the possible sentence
• the defendant is being held in jail pending trial
• the defendant asserted their right to a speedy trial promptly and often
• the defendant objected to the prosecutor's request for continuances
• the prosecution lacks a good justification for the delay (citing court docket congestion won't typically suffice)
• the prosecutor acted in bad faith in negotiating plea deals or giving false assurances, and
• the delay results in the loss of a key witness or evidence for the defendant.

In Zamorana v. Texas, also involving a four-year delay, the appellate court found a speedy trial violation. The court found the state negligent in taking over three years to translate the defendant's Spanish-speaking video and another six months to find a Spanish-speaking prosecutor. While the defendant waited two years to demand a speedy trial, the appellate court found the state's negligence more detrimental. Also, the court found the defendant made a showing of prejudice. The defendant testified to having anxiety and stress related to the pending charges, regular bond check-ins, and missing work during the four-year delay. (84 S.W.3d 643 (2003).)

Working With Your Lawyer

If you're facing criminal charges, it's important to work with your lawyer to develop a strong defense. There are valid reasons to waive (give up) your right to a speedy trial. In some cases, delays work to the advantage of the defendant. Talk to your attorney about the pros and cons of asking for a speedy trial.