Asked 7/20/2016 – San Marcos, TX

I was charged with Possession of a Controlled Substance <1G STF and Evading Arrest MA on December of 2012 in a county that is halfway across the state from the county I live in. About a year went by and I could not find any records online pertaining to the felony but the misdemeanor case was still active. I was told on the phone by the court manager that it was dismissed due to lack of evidence. When I was convicted for the misdemeanor I was ordered to pay court fees which I did not pay. A warrant was issued for my arrest for the felony once the fee fell into default over two years after the initial charge. I also had a probation violation in my county that was pending. Once I was arrested my family paid the fines in the other county for me because they were told by the county that all that needed to be done but hold nor charge was ever lifted. I waited 3 months for extradition before the county I live in proceeded their process. I was released after 5 months but the charge in the other county was still active. In my PSI files the charge in the other county said rejected. But when a new one was printed it says accepted. Online the charge says suspense. The pending case is now 4ys

Answer

In order to prevail on the constitutional issue of denial of the right to a speedy trial, you must not only show unnecessary delay, but you must also show harm to your defense by the delay. For example, a material witness has died; exculpatory evidence has been destroyed, etc. You may talk with a local attorney and investigate the reason for the delay, but more specific details about your case are needed to determine if your constitutional rights have been violated.