Delayed Texas Misdemeanor Trial

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Summary

If your Class A misdemeanor trial in Texas has been delayed for over three years, your attorney can file a Writ of Mandamus to compel the court to set a trial date. Alternatively, a Motion to Dismiss for failure to prosecute can be filed if theres an unreasonable delay, though this is at the courts discretion. Other options include filing a Motion for Speedy Trial to assert your right to a prompt resolution or a Motion to Compel to address pending issues. Consult your attorney for tailored advice.

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Class a misdemeanor in Texas has yet to go to trial after 3 years. Judge in a motion for speedy trial did not want to pursue any other motions until the day of court. Which is not a set date as of July * *. What can the attorney file if no trial date is given 3 months later?
Hello ****. An attorney can consider filing a 'Writ of Mandamus' to compel the court to set a trial date. However, it's essential to understand:
- Writ of Mandamus is a complex process and requires a compelling reason.
- It's generally used when there's no other legal remedy available.

Please consult a legal professional for advice tailored to your situation.
Can my attorney file a motion to dismiss on failure to prosecute?
Yes, your attorney can file a motion to dismiss for failure to prosecute. In Texas:
- The court may dismiss a case if there's an unreasonable delay.
- However, the decision is at the court's discretion.
Please consult your attorney for further advice.
What is the difference on writ of mandamus versus motion to dismiss?
The differences between a Writ of Mandamus and a Motion to Dismiss are:
- A Writ of Mandamus is a court order directing a government official or entity to perform a duty.
- A Motion to Dismiss is a request to a court to dismiss a case for legal or procedural reasons.
What else can be filed?
Your attorney could also consider filing a 'Motion for Speedy Trial' or a 'Motion to Compel.' Remember:
- A Motion for Speedy Trial asserts your right to a prompt resolution.
- A Motion to Compel can be used to force the other party to respond to pending issues.
Please consult your attorney.