Felony Indictment Delay Concerns

Summary

In Texas, a two-year delay in felony indictment may violate the right to a speedy trial under the Sixth Amendment and Texas law. Article 32.01 of the Texas Code of Criminal Procedure requires indictment within 180 days. A conflict of interest arises if your lawyer becomes the D.A., necessitating new legal representation. Contact the Texas State Bar for assistance.

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Arrested over * yrs ago on a felony no indictment yet just got a court date
Hi James, it sounds like you have a significant legal issue. For a felony case, a delay of over two years without an indictment can be problematic. This might raise concerns about your right to a speedy trial.
- Federal & State Laws: The Sixth Amendment guarantees the right to a speedy trial.
- Considerations: Factors like reasons for the delay, whether you asserted your right, and potential prejudice against you.
Where are you located? This can help determine specific state laws and further guidance.
Texas
Hi James,
In Texas, the right to a speedy trial is protected under both the U.S. Constitution and the Texas Constitution. Here are some key points:
- Sixth Amendment: Guarantees a speedy trial.
- Texas Code of Criminal Procedure: Article *.* states that if an indictment is not presented within 180 days, the defendant must be released.
Given the significant delay, consulting an attorney to explore options for dismissal or other remedies might be beneficial. Do you need help finding an attorney in your area?
Yes
James, since you are in Texas and have a significant delay in your indictment, consulting an attorney is crucial. Here are some steps to consider:

Texas Criminal Defense Lawyers Association


Website: www.tcdla.com

Would you like more information on how to proceed or any other legal questions?
My lawyer is now the D.A.
James, this situation presents a conflict of interest. Here are the steps you should consider:
- Conflict of Interest: Your lawyer becoming the D.A. can create a conflict of interest.
- New Representation: Seek new legal representation immediately.
- State Bar: Report the conflict to the Texas State Bar for guidance.
Would you like contact information for the Texas State Bar or further assistance?
Yes
James, here is the contact information for the Texas State Bar:

Texas State Bar


Phone: (*) *-*
Website: www.texasbar.com

Do you have any other legal questions or need further assistance?