Benavides Law Group recently secured the dismissal of two felony charges after successfully litigating a constitutional speedy-trial challenge in Harris County.
The charges arose from allegations dating back several years. Despite the existence of outstanding warrants, the evidence presented to the court showed that our client was not hiding, using an alias, or attempting to evade law enforcement. Instead, the client had been living openly and remained identifiable through ordinary legal processes.
After an evidentiary hearing, our firm submitted extensive briefing addressing the four factors courts consider under Barker v. Wingo: the length of the delay, the reason for the delay, the defendant's assertion of the right to a speedy trial, and the prejudice caused by the delay.
A central issue was the government's responsibility to diligently pursue a criminal prosecution. The defense argued that years had passed without sufficient evidence demonstrating continued efforts to locate and prosecute the accused. During that time, memories faded and potentially important electronic evidence and communications were no longer available.
The court ultimately granted the defense's motion and dismissed both felony cases on speedy-trial grounds.
The result is an important reminder that constitutional protections are not technicalities. When the government accuses someone of a crime, it also assumes constitutional obligations—including the obligation to pursue the prosecution with reasonable diligence. A criminal case cannot simply remain unresolved for years without consequences.
At Benavides Law Group, we believe effective criminal defense requires more than negotiating with prosecutors. It requires investigating the history of the case, challenging the government's evidence, identifying constitutional violations, and being willing to litigate those issues when necessary.
Result: Two felony charges dismissed.
Protect. Your. Future.
Every case is different, and past results do not guarantee future outcomes.