In the US everyone has a Constitutional Right to a Speedy Trial, but individual State’s make their own rules and time frames. In FL your speedy trial right’s are found in Rule 3.191 FLCrP and they kick in either when you are booked into the jail or, in the event of a “paper arrest”, when you are Arraigned, which ever comes first.
In the case of a misdemeanor the rule requires that your trial commence within 90 days and in the case of a felony the rule provides for 175 days. In either event there are technical requirements and the State enjoys a 15 extension, called a “window of recapture”.
At any time a criminal defendant in FL can file a “written demand for speedy trial”. Doing so expedites the case requiring that a trial commence within 50 days of the date of filing. The catches are that 1) by filing the written demand the Defendant is announcing “ready” for trial and 2) formal discovery stops (i.e. no more depositions or compelling anything from the State).
The written demand for speedy trial is a powerful tool which is generally dreaded by prosecutors and rarely wielded by defense counsel. But before you file it you’d better speak to your lawyer and be sure that you are truly ready to do so.
Remember: At Michael A. Haber, PA, it’s all about reasonable doubt!
At Michael A. Haber, PA “it’s all about reasonable doubt”!
Please note that no attorney-client relationship with either Michael A. Haber, PA or Michael A. Haber, Esq. exists as a result of your watching this Webisode series. Further any and all information which is both contained in and may be construed from this Webisode series is generic in nature and should only be considered as informational and not as actual legal advise in any specific case. Should you wish to seek actual legal advise then please feel free to contact Michael A. Haber, Esq. as follows:
Office Phone: 305-381-8686
Toll Free Phone: 1-888-SHARK-8-1
Cellular Phone / Text: 305-798-2220
E-Mail: [email protected] / [email protected]
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