In Texas, you have a constitutional right to a speedy trial, but the law does not define exactly how long is too long. Generally, a delay approaching one year can trigger a speedy trial inquiry, and if the court finds your right was violated, your case may be dismissed entirely. Here’s what you need to know about asserting this right and protecting your defense.
The right to a speedy trial is guaranteed by both the Sixth Amendment of the U.S. Constitution and Article I, Section 10 of the Texas Constitution. Once you are arrested or formally charged, the government bears the burden of bringing your case to trial within a reasonable time. However, “reasonable” is not defined by any specific number of days or months, leaving defendants in a frustrating waiting game that can last months or even years.
What Happens When a Trial Takes Too Long?
When the government delays your trial without justification, evidence can disappear, witnesses may become unavailable, and your ability to mount a strong defense weakens over time. You may also face prolonged uncertainty, damaged reputation, and restrictions on your freedom while waiting for your day in court.
The remedy for a speedy trial violation is complete dismissal of your charges. Because dismissal is such a drastic remedy, Texas courts are hesitant to grant it. This means defendants face a high bar when claiming their constitutional right was violated. Still, it happens.
Recently, our firm secured a dismissal for a client charged with DWI in Dallas County. The case had been pending for nearly three years before a court date was scheduled. We filed a motion to dismiss based on violation of his right to a speedy trial, arguing there was no valid reason for the delay and that our client’s liberty had been restrained under constant suspicion. The Dallas County District Attorney’s Office agreed to dismiss the case “in the interest of justice because the State will not prevail on a Motion to Dismiss for Violation of Right to a Speedy Trial.”
How Do Texas Courts Determine if Your Right Was Violated?
Texas courts use a two-step process. First, there must be a delay that is “presumptively prejudicial.” A delay approaching one year is typically enough to trigger further analysis. See Orand v. State, 254 S.W.3d 560 (Tex. App.—Fort Worth 2008).
Once that threshold is met, courts apply the Barker balancing test, established by the U.S. Supreme Court in Barker v. Wingo, 407 U.S. 514 (1972). This test weighs four factors to determine whether dismissal is warranted.
What is the Barker Balancing Test?
The Barker balancing test evaluates four factors:
- Length of the delay: Was the delay uncommonly long? While no specific timeframe automatically triggers a violation, delays measured in years are more likely to weigh against the state.
- Reason for the delay: Was there a valid justification? Deliberate attempts to hamper the defense weigh heavily against the state. Neutral reasons like overcrowded dockets weigh less heavily. See Zamorano v. State, 84 S.W.3d 643 (Tex. Crim. App. 2002).
- Whether you asserted your right: Did you demand a speedy trial? Failing to assert this right may suggest you did not actually want a speedy trial or that you suffered no harm from the delay.
- Prejudice to your case: Did the delay hurt your defense? This could include lost evidence, unavailable witnesses, or prolonged anxiety and reputation damage.
The state bears the burden on the first two factors. You bear the burden on the last two. If most factors weigh in your favor, the court may dismiss your charges.
How Do You Properly Assert Your Right to a Speedy Trial?
To preserve a speedy trial claim, you must clearly and unambiguously communicate to the court or prosecution that you want a speedy trial. This should be done in writing, on the record, and repeated at appropriate intervals. See Cantu v. State, 253 S.W.3d 273, 283 (Tex. Crim. App. 2008).
A common mistake is filing only a motion to dismiss for speedy trial violation. Courts may interpret this as wanting no trial at all, rather than a speedy one. See Adkins v. State, No. 2-01-288-CR, 2003 WL 1524138, at *4 (Tex. App.—Fort Worth Mar. 24, 2003, pet. ref’d). The safer approach is to first file motions demanding a speedy trial, then later move to dismiss if delays continue.
What Delays Are Blamed on the Defendant?
Not all delays count against the state. If you requested continuances, changed attorneys multiple times, or otherwise contributed to the delay, those periods may be attributed to you and weigh against your speedy trial claim. See Kelly v. State, 163 S.W.3d 722 (Tex. Crim. App. 2005).
On the other hand, if the state deliberately delayed to gain a tactical advantage or harm your defense, this weighs heavily in your favor. See Starks v. State, 266 S.W.3d 605 (Tex. App.—El Paso 2008).
Case Examples: When Speedy Trial Claims Succeeded
The following Texas cases resulted in dismissal for speedy trial violations:
| Case | Charge | Delay |
|---|---|---|
| Gonzales v. State, 435 S.W.3d 801 (Tex. Crim. App. 2014) | Injury to child and indecency with child | 6 years |
| State v. Wei, 447 S.W.3d 549 (Tex. App.—Houston [14th Dist.] 2014) | DWI | 4 years and 3 months |
| Zamorano v. State, 84 S.W.3d 643 (Tex. Crim. App. 2002) | DWI | 4 years |
| Chapman v. Evans, 744 S.W.2d 133 (Tex. Crim. App. 1988) | Delivery of controlled substance | 2 years and 6 months |
| Turner v. State, 545 S.W.2d 133 (Tex. Crim. App. 1976) | Felony Theft | 2 years and 3 months |
Case Examples: When Speedy Trial Claims Failed
These cases show that even lengthy delays do not guarantee dismissal:
| Case | Charge | Delay |
|---|---|---|
| Ex parte Beech, 591 S.W.2d 502 (Tex. Crim. App. 1979) | Speeding | 8 years |
| Harlan v. State, 975 S.W.2d 387 (Tex. App.—Tyler 1998, pet. ref’d) | DWI | 4 years and 5 months |
| State v. Smith, 76 S.W.3d 541 (Tex. App.—Houston [14th Dist.] 2002, pet. ref’d) | Burglary and attempted aggravated assault | Over 3 years |
| Adkins v. State, 2003 WL 1524138 (Tex. App.—Fort Worth Mar. 24, 2003, pet. ref’d) | Possession with intent to deliver | 32 months |
| Massey v. State, 2004 WL 2307418 (Tex. App.—Houston [1st Dist.] Oct. 14, 2004, no pet.) | Aggravated robbery | 28 months |
| Phillips v. State, 2004 WL 299279 (Tex. App.—Texarkana Feb. 18, 2004, no pet.) | Assault (of corrections officer) | 28 months |
| Ortega v. State, 2015 WL 4594113 (Tex. App.—Houston [14th Dist.] July 30, 2015) | Possession of gambling device | More than 27 months |
| Mendez v. State, 212 S.W.3d 382 (Tex. App.—Austin 2006, pet. ref’d) | Aggravated assault | 23 months |
| Webb v. State, 36 S.W.3d 164 (Tex. App.—Houston [14th Dist.] 2000, pet. ref’d) | Aggravated sexual assault | 20 months |
| Bryan v. State, 2007 WL 1133216 (Tex. App.—San Antonio Apr. 18, 2007, no pet.) | Possession of drug paraphernalia | 18 months |
| Kelly v. State, 163 S.W.3d 722 (Tex. Crim. App. 2005) | Simple drug possession | 17 months |
| Deeb v. State, 815 S.W.2d 692 (Tex. Crim. App. 1991) | Conspiracy to commit capital murder | 15 months |
| State v. Greenlee, 2007 WL 2460045 (Tex. App.—Tyler Aug. 31, 2007, pet. ref’d) | Misdemeanor possession | 13 months |
| Harris v. State, 827 S.W.2d 949 (Tex. Crim. App. 1992) | Capital Murder | 13 months |
These tables illustrate an uncomfortable reality: there is no magic number. An 8-year delay for speeding did not result in dismissal, while a 2-year delay for felony theft did. The outcome depends entirely on how the Barker factors balance in your specific case.
What Should You Do If Your Case Is Being Delayed?
If your criminal case has been pending for a year or more without a trial date, take action now. File a written demand for a speedy trial. Document every delay and the reasons given. Keep records of how the delay has affected you, whether through lost evidence, unavailable witnesses, job loss, or emotional distress.
Working with an experienced criminal defense attorney is essential. A lawyer who understands the Barker factors and Texas case law can build a compelling record that maximizes your chances of dismissal. At Varghese Summersett, our team of over 70 attorneys and legal professionals has successfully argued speedy trial motions in courts across Dallas, Fort Worth, Houston, and throughout Texas.
Frequently Asked Questions About Speedy Trial Rights in Texas
How long is too long to wait for trial in Texas?
Texas law does not set a specific time limit. However, a delay approaching one year is typically enough to trigger a speedy trial analysis. Whether the delay violates your rights depends on the Barker factors: the length of delay, reason for delay, whether you asserted your right, and whether you were prejudiced.
Can my case be dismissed for a speedy trial violation?
Yes. Dismissal is the only remedy for a speedy trial violation under both the U.S. and Texas Constitutions. If a court finds your right was violated after applying the Barker balancing test, your charges will be dismissed with prejudice, meaning the state cannot refile them.
What if the delay was caused by COVID-19 or court backlogs?
Neutral reasons like court backlogs or pandemic-related shutdowns weigh less heavily against the state than deliberate delay. However, they still count. The state cannot escape responsibility for extended delays simply by pointing to systemic issues. Courts will still evaluate all four Barker factors.
Do I need to demand a speedy trial to preserve my rights?
Yes. You must affirmatively assert your right to a speedy trial. Failure to do so may be interpreted as not wanting a speedy trial or as evidence you were not harmed by the delay. Assert your right in writing, on the record, and do so repeatedly if delays continue.
What is the difference between a speedy trial motion and a motion to dismiss?
A motion demanding a speedy trial shows the court you want your case tried promptly. A motion to dismiss for speedy trial violation asks the court to throw out the case entirely. Courts may view a motion to dismiss (without first demanding a speedy trial) as evidence you want no trial at all, which can hurt your claim.
Contact a Texas Criminal Defense Lawyer
Waiting months or years for your case to be resolved is stressful, expensive, and unfair. If your criminal case has been pending for an extended period, you may have grounds to seek dismissal. The attorneys at Varghese Summersett have successfully fought for clients’ speedy trial rights across Texas. Call 817-203-2220 today for a free consultation.
