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 FL.R.Cr.P. 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.
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Michael A. Haber, P.A. has provided personalized and boutique legal services to both individuals and entities, primarily in the South Florida area, since 1991. With no history of professional discipline whatsoever, Michael A. Haber, Esq. zealously advocates his client's interests and custom tailors his services to meet each client's particular situation, needs and desires.
Whether in State or Federal Courts, Michael A. Haber, P.A. strives to ensure that his client's rights are respected and that his clients receive top-tier legal representation and counsel.
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