By Allen, Texas Criminal Defense Lawyer Kyle T. Therrian
Office Number: (972) 562-7549
24 Hr Jail Release: (214) 403-6522
Agreed dismissal reached in a Possession of Marijuana case one month after filing a motion to dismiss for lack of speedy trial with the Dallas County Court at Law No. 2. As with any speedy trial issue, the brief in support of dismissal focused on the factors of consideration laid out in Barker v. Wingo 407 U.S. 514 (1972) which require the court to look at: (1) length of delay, (2) reason for delay, (3) whether defendant has asserted a right to speedy trial, and (4) the prejudice suffered by the defendant because of the delay.
Factors weighing most heavily in favor of dismissal were the delay of almost 3 years in bringing the individual to court and the resulting prejudice which, among other things, included significant uncertainty in immigration issues. Typically, 8 months of delay is sufficient to trigger a speedy trial inquiry and the presumption of prejudice only increases with time.
*Kyle Therrian is an attorney licensed to practice in the State of Texas. Nothing in this article is intended to be legal advice. For legal advice on any case you should contact an attorney directly.