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mcasti14

Junior Member
What is the name of your state (only U.S. law)? tx
I wanted to know how long does it take for a case to go to trail My friend has been incarcerated for more than a month now and all they have him in for is withholding evidence. His bail was set at 500,000 What procedures can I take to get him out. The invesigatior refuses to talk to his attorneyWhat is the name of your state (only U.S. law)?
 


CavemanLawyer

Senior Member
There is no way to predict how long it will take to go to trial. It depends on the type of case and more importantly on the size of the court's docket and its management of it. The Code of Criminal Procedure gives precedence to criminal cases over civil cases and defendants in custody versus those on bond...but not all courts adhere to that. There is a court in my county where it takes 1.5 years to get to trial and if you are in jail you just wait.

There really are not any procedures for YOU to take to get him out of jail unless you are willing to post his bond. His attorney can do several things though. First off he can file a motion for a bond reduction and set it for a hearing. If reduced, maybe your friend can make the bond.

If he has not yet been indicted a motion for an examining trial can be filed but that won't really speed up the trial setting any it will just force Grand Jury to indict quicker.

He can file a motion for speedy trial to force the trial issue. He can also request a preferential setting with the court (Judge sets it as # 1 case) but he would need a good reason.

Other than that all he can do is wait in jail if he cannot make bond. One month is not very long at all to wait for a felony case to go to trial. Unless it is a very small county I'd guess it would take at the very least a few months to be reached for trial, and realistically it is probably more like 6-8 months depending on the complexity of the case.
 

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