NO. _________________

STATE OF TEXAS 	§	IN THE DISTRICT COURT
	§	
vs.	§	______ JUDICIAL DISTRICT
	§	
_______________________	§	OF ___________ COUNTY, TEXAS

MOTION TO DISMISS: SPEEDY TRIAL
	COMES NOW the defendant by and through his attorney, on a motion to dismiss the above listed cause filed against Defendant on ____________. Defendant will show the Court that the Sixth and Fourteenth Amendments of the United States Constitution guarantees of Due Process and Speedy Trial, further supported by Article I, § 10 of the Texas Constitution, and article 1.05 of the Texas Code of Criminal Procedure, have been violated in the instant case.
I.
	Defendant has been accused by the State of Assault–Family Violence–Choking, a third degree felony. He was arrested on or about the ____ day of _____________, 20 _. Defendant, through his counsel, has repeatedly requested a trial by announcing “Ready” and has previously filed a written request for speedy trial on _____________. At the time of filing this motion, Defendant has suffered a trial delay of over 10 months from the date of his arrest, which is presumptively unreasonable. See Bosworth v. State, 422 S.W.3d 759 (Tex. App., 2013). 
II.
	Defendant has remained in custody of the Bexar County Jail since his arrest, which has restrained his liberty, as well as suffering other prejudice as a result of the delay in bringing his case to trial. Further, this delay has resulted in the unavailability of one or more material witnesses believed to be favorable to Defendant. 
III.
	The Court is compelled to dismiss the charges against Defendant due to the Court’s and State’s excessive delay in providing Defendant a timely trial. Further, Defendant has been materially and significantly prejudiced by the delay to the point that he no can longer be afforded a fair trial and Due Process.
	WHEREFORE, Defendant prays unto this Court that the Defendant’s Motion for Dismissal be granted. 
Respectfully submitted,

By: 	

Attorney for Defendant

Certificate of Service

	I certify that on __________, 2015, a true and correct copy of Motion to Dismiss for Lack of Speedy Trial was served on the Bexar County District Attorney’s Office by hand delivery.

Attorney for Defendant
NO. __________________

STATE OF TEXAS 	§	IN THE DISTRICT COURT
	§	
vs.	§	_______ JUDICIAL DISTRICT
	§	
_______________________	§	OF ____________ COUNTY, TEXAS

ORDER TO DISMISS: SPEEDY TRIAL
	The motion of defendant to dismiss the above listed cause is GRANTED.
	Defendant is released from bond and the State is barred from further prosecution of this matter.

	OR

	Defendant’s Motion is DENIED.

	SIGNED this ____ day of _____________, 20 _.

___________________________
JUDGE PRESIDING