Trial delays

It takes almost 2 years to get a misdemeanor DWI to trial in Montgomery County, Texas. If you're in jail, it takes a little more than a month.

Do you sit in jail to wait to go to trial, or do you get out and take your chances for the next 2 years?

A recent client waited for 6 months to get a trial on a felony evading charge. On the day of trial, the case was dismissed in felony court. I immediately set it for trial on the misdemeanor DWI and within a week, was scheduled for trial.

On the day of trial, again, the misdemeanor prosecutor decides to dismiss the case. So now my client has waited 6 months to get to trial and we got both cases dismissed.

How can this happen?

When an Assistant District Attorney refuses to look at all of the evidence until a few days before trial, they are criminally remiss. I think they need to be reminded that these are people's lives that they are being so cavalier with. Innocent people should not have to sit in jail any length of time at all.

But in Montgomery County, Texas, if you are arrested and ACCUSED of a crime, then you better have a lawyer, because you will be sitting in jail for a long time waiting to get to trial.