Learn How To Exercise Your Right To A Speedy Trial
The Florida Rules of Criminal Procedure provides the guidelines attorneys must follow when representing a client in criminal court. The right to a speedy trial, which has caused great havoc within the criminal justice system, allows an accused person to have a trial very quickly.
On occasion, the accused person can unhinge the judge and/or the State Attorney’s Office, as was observed in an Orlando courtroom with Judge Michael Murphy. Due to the large dockets, a case requiring a speedy trial will also require the court to rearrange their schedule. Most judges do not like this rule.
The speedy trial rule can be used in situations where the State Attorney’s Office may not have a witness or if the accused person desires for their case to be over with. Once the trial has expired under the Florida Rules of Criminal Procedure, the State can no longer prosecute the case, and the defendant is free to go. The rule was put in place so that criminal charges would eventually come to an end.
What is your right to a speedy trial in Florida?
A speedy trial forces your case to come to a conclusion. It can result in a plea, a trial, or a dismissal. When you are charged with a misdemeanor, you have a right to a speedy trial within 90 days from the date of your arrest. A felony charge allows for the trial to occur within 180 days of your arrest. The Florida Rules of Criminal Procedure provide the overview of the process, including information about the expiration, recapture period, and demand. In order for a person to exercise this right, he or she must not waive speedy trial. If it is waived, the accused person can then file a demand for their speedy trial.
Use caution when demanding a speedy trial in Florida
Just because you have the right to a speedy trial, does not mean you should rush a case. After consulting with your criminal defense attorney, a decision should be made to ensure that your attorney is prepared. Rushing a case to trial before your attorney is prepared is never advised.
If you have a criminal case pending in Florida, give us a call to discuss your right to a speedy trial. We are eager to help you! Schedule your free consultation today.