Yarbrough Dismissal in Texas: Grounds, Process, and Reinstatement Rules

Table of Contents#

1. What Is a Yarbrough Dismissal in Texas?
2. Valid Grounds for a Yarbrough Dismissal
3. Outcomes of a Granted Yarbrough Dismissal Motion
4. When Can the State Reinstate Charges After a Yarbrough Dismissal?
5. Step-by-Step Process to File a Yarbrough Dismissal Motion
6. Frequently Asked Questions
7. References

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1. What Is a Yarbrough Dismissal in Texas?#

A Yarbrough dismissal is a court order that throws out criminal charges against a defendant because the state failed to bring the case to trial within a reasonable period, violating the defendant’s right to a speedy trial under both the U.S. Sixth Amendment and Texas Constitution Article I, Section 10.

Unlike statutory speedy trial dismissals tied to fixed timelines in the Texas Code of Criminal Procedure, Yarbrough dismissals are a judicial remedy that evaluates the specific circumstances of each case. They are reserved for delays that cause measurable harm to a defendant’s ability to mount a fair defense.

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2. Valid Grounds for a Yarbrough Dismissal#

Texas courts use the four factors established in the U.S. Supreme Court ruling Barker v. Wingo to evaluate Yarbrough dismissal requests. No single factor is dispositive, but judges weigh all four to determine if a dismissal is justified:

2.1 Length of the Delay#

Delays are considered presumptively prejudicial if they exceed:

• 12 months for Class A and B misdemeanors
• 24 months for state jail felonies and third/first-degree felonies Shorter delays may qualify if the charge is minor and the defendant can prove severe prejudice from the delay.

2.2 Reason for the Delay#

Judges will rule against the state if delays stem from:

• Intentional prosecutorial misconduct (e.g., delaying to wait for a more favorable judge, hiding evidence)
• Negligence (e.g., losing case files, forgetting to schedule a trial, failing to notify witnesses) Delays caused by the defendant (e.g., requested continuances, fleeing the jurisdiction) will not count toward a Yarbrough dismissal.

2.3 Defendant’s Assertion of the Right to a Speedy Trial#

To qualify, you must have formally requested a speedy trial in writing (via court filing or certified mail to the prosecutor) early in the case. Failing to assert this right for months or years will almost always lead to a denied motion.

2.4 Prejudice to the Defendant#

You must prove the delay harmed your case or personal life, such as:

• Key witnesses for your defense have moved away, died, or lost memory of relevant events
• Physical evidence that would prove your innocence has been destroyed
• You suffered job loss, housing instability, or severe mental health distress related to the pending charges
• You were held in pretrial custody for an excessive period while waiting for trial

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3. Outcomes of a Granted Yarbrough Dismissal Motion#

There are two possible outcomes when a judge grants a Yarbrough dismissal:

3.1 Dismissal With Prejudice#

This is the most common outcome for valid Yarbrough claims, especially if the state acted in bad faith or the delay caused irreversible prejudice. A dismissal with prejudice means the state can never refile the same charges against you for the alleged offense, and the case is permanently closed.

3.2 Dismissal Without Prejudice#

Judges may order a dismissal without prejudice only if the delay was accidental, no severe prejudice occurred, and the state can demonstrate it will be able to bring the case to trial promptly if refiled. This outcome is rare for Yarbrough motions.

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4. When Can the State Reinstate Charges After a Yarbrough Dismissal?#

Reinstatement is only possible if all three of the following conditions are met:

1. The original Yarbrough dismissal was ordered without prejudice
2. The statute of limitations for the alleged offense has not expired (timelines range from 2 years for most misdemeanors to 10+ years for serious felonies like sexual assault)
3. The state can prove to the court that it will schedule the trial within a reasonable timeframe, and that refiling will not cause additional prejudice to you

If the dismissal was with prejudice, reinstatement is never allowed under Texas law.

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5. Step-by-Step Process to File a Yarbrough Dismissal Motion#

We strongly recommend working with an experienced Texas criminal defense attorney for this process, as procedural errors can lead to a denied motion:

1. Confirm eligibility: Verify that the majority of the delay is the state’s fault, you formally asserted your right to a speedy trial, and you can prove measurable prejudice from the delay.
2. Gather supporting evidence: Collect copies of your speedy trial request, case timelines, witness statements confirming lost testimony, employment/medical records proving prejudice, and records of all state-requested continuances.
3. File the motion: Draft a formal motion for Yarbrough dismissal, file it with the court clerk in the county where your case is pending, and serve a copy to the district attorney’s office at least 10 days before the scheduled hearing (per Texas court rules).
4. Attend the motion hearing: Your attorney will present evidence and argue the four Barker factors to the judge, while the state will present counterarguments to justify the delay.
5. Receive the ruling: The judge will issue a written ruling either granting or denying the motion within 7-14 days of the hearing. If granted, you can begin the expunction process to remove the charge from your criminal record if eligible.

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6. Frequently Asked Questions#

Q: Can I get a Yarbrough dismissal if I requested some continuances?#

A: Yes, as long as the majority of the total delay is caused by the state, and you asserted your speedy trial right after your last requested continuance.

Q: Will a Yarbrough dismissal stay on my criminal record?#

A: The dismissal will appear on background checks until you file for and receive an expunction, which is available for all Yarbrough dismissals with prejudice and most without prejudice.

Q: How long does the Yarbrough motion process take?#

A: Most motions are resolved 2-6 months after filing, depending on your county court’s case backlog.

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References#

1. Yarbrough v. State, 447 S.W.2d 935 (Tex. Crim. App. 1970)
2. Barker v. Wingo, 407 U.S. 514 (1972)
3. Texas Constitution, Article I, Section 10 (Right to Speedy and Public Trial)
4. Texas Code of Criminal Procedure, Art. 1.05 (Rights of Defendants in Criminal Prosecutions)
5. Texas Code of Criminal Procedure, Art. 55.01 (Expunction Eligibility Rules)