Normally, in order to get the benefit of the right to a speedy trial the defendant must object to the delay and ultimately move for dismissal if no one listens. Nguyen, No. 06-15-00127-CR (Texarkana 11/09/16). But, there is another reason for the prosecution to bring the case to trial: Art. 17.151. Consider these facts: the defendant has been incarcerated for more than 90 days; he requests habeas relief; he fails to show he is entitled to release on PR (the only relief he requests); he fails to indicate what lesser amount of bail he could afford; the judge denies any relief. What should have happened?

Answer: the burden shifted to the judge or the prosecution to establish what amount of reduced bail (that would actually gain the defendant's release from custody) should be made available. State has a very good reason to move toward disposition.

This message has been edited. Last edited by: Martin Peterson,

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