Rules

[play_by_the_rules]

Jurisdiction

Texas

I am looking for the rules that govern the procedures in a criminal trial> Specifically, things they can and can't do. I have been told it's the "Rule Of Civil Procedure" but have also been told that is only for civil suits. The Code of Criminal Procedure isn't very specific seems to only say what can be done but doesn't say everything else can't be done. Could someone tell me where to look?

 

[adjusterjack]

The Code of Criminal Procedure is over 1300 pages:

http://www.statutes.legis.state.tx.us/Docs/SDocs/CODEOFCRIMINALPROCEDURE.pdf

If you cannot glean something specific from that I don't know what to tell you.

What is it that they are doing that you don't want them to do?

What is it that they are not doing that you do want them to do?

 

[play_by_the_rules]

Oh I don't know, the prosecutor hasn't shown up twice already. How about a dismissal instead of resetting. If I didn't show up it wouldn't be reset I would go to jail.

 

[adjusterjack]

Well, there's the "speedy trial" thing. See the CCP Articles 1.05 and 32A.01.

Depending on the length of the delay you can file a Motion to Dismiss if your constitutional right to a speedy trial has been violated leading to a denial of due process so great as to require dismissal based on demonstrable harm to you.

How long is too long? I haven't found anything specific. I'm guessing each case is reviewed on its own merits. Here's an article:

How to Get a Speedy Criminal Trial in Texas: Keep Asking | Criminal Law

Another article:

Speedy Trial Motion To Dismiss - Agreed Dismissal

The Texas Motion Practice Handbook may help you on a lot of things. I've only been able to find the Table of Contents online. You can either buy it on Amazon for $100 (or look elsewhere for a better price) or read it in a law library.

http://www.knowlespublishing.com/assets/images/webtocs/0555_webtoc.pdf