I have a child sex case that is over 10 years old. The defendant has filed a motion to dismiss based upon lack of speedy trial. She was originally arrested in 1990 for Injury to a child. She then bonded out, and approximately one month later fled to Mexico. She was indicted about two months after that for agg sex of a child, but there is no evidence that service of the indictment was attempted.

Question: When does the speedy trial right attach, or did it attach at all? (Understanding that the law says it attachs at arrest or indictment.) Did it attach when she originally was arrested for Injury to a child even though she was eventually charged with Agg Sex of a Child?

Does it attach when she was indicted for Agg Sex assault of a child even though she was never served with the indictment and no attmepts were made?

Or am I missing any other issues?

Any informed thoughts would be appreciated.

I'll shot at your questions:

1. Assuming the new charges were for the same incident, I would say that time runs from the first arrest. See Dix & Dawson 42 Texas Practice 23.33 (citing Floyd v. State, 959 S.W.2d 706 (Tex.App. -- Fort Worth 1988)).

2. Proof that a defendant did not know of a pending indictment would help the defendant in a speedy trial claim. Doggett v. United States, 112 S.Ct. 2686, 2691(" The Government goes against the record again in suggesting that Doggett knew of his indictment years before he was arrested. Were this true, Barker 's third factor, concerning invocation of the right to a speedy trial, would be weighed heavily against him.").

3. If you can show that your guy fled and was on the run for nine years you will almost certainly win the Speedy trial issue on the "reason for the delay" and "assertion of the right" prongs.

If bonded out, defendant agreed to appear when the case was indicted. I am guessing defendant failed to appear. That could give you an additional bail jumping indictment, assuming it got indicted before the statute of limitations expired.

How can a defendant make a successful speedy trial claim after fleeing to Mexico? Sounds like good evidence of guilt (through flight).

Court of Criminal Appeals recently wrote on how to analyze when a defendant's right to a speedy trial has been violated.

View that opinion on the web at: Shaw v. State, No. 1539-02 (Oct. 15, 2003).

The Sixth Court of Appeals also addressed the issue last week in an unpublished opinion. Read Chief Justice Morriss' opinion at: Mosby v. State, No. 06-03-00014-CR (Tex. App.---Texarkana Jan. 29, 2004, no pet. h.).