Right to Speedy Trial In A Criminal Case
Individuals accused of a crime in Florida are protected by both a constitutional and a statutory right to a speedy trial.
A Constitutional Right to a Speedy Trial
The constitutional right to a speedy trial is embedded in the 6th Amendment of the Constitution. If a delay caused by the prosecution has violated an accused’s right to a speedy trial, then the accused may be entitled to have his case dismissed upon motion by his criminal attorney. The totality of the circumstances of the following four factors must be weighed when determining if an accused’s Constitutional Right to a Speedy Trial was violated or not:
- The length of the delay, which can create a presumption of prejudice;
- Whether or not the reason for delay was negligent, deliberate, or justified;
- The defendant’s assertion of the right and effort to protect his right to a speedy trial, and
- Whether actual prejudice resulted from the delay.
A Statutory Right to a Speedy Trial
Florida has gone further to protect the accused from potentially prejudicial delay. Florida provides a bright line test to determine if speedy trial has been violated: an accused must be brought to trial within 90 days of the charge for a misdemeanor, or 175 days for a felony. Fla. Stat. 3.191(a). If the accused is not brought to trial within the proper time limit, your criminal defense attorney will file a “notice of expiration” of speedy, requiring a hearing on the matter within five days, and a trial date within 10 days. If the State is unable to comply, then your criminal attorney will file a motion to dismiss, or discharge, the case.
Florida also provides for the ability of the defendant, at any time, to demand a speedy trial if he is ready. Once the demand is filed, a trial must be held within 60 days; otherwise, the criminal defense lawyer will move to dismiss the case.
In many cases, your attorney will waive your right to as speedy trial so that he can have the time needed to build your defense. However, in other situations your criminal lawyer will deem it appropriate to exercise your right to a speedy trial.
Contact a Tampa Criminal Attorney Today
Contact an Attorney at Denmon & Denmon Trial Lawyers to discuss your statutory and constitutionally protected right to speedy trial as it applies to your case. Call 813-554-3232 (Hillsborough) or 727-753-0049 (Pinellas or Pasco)
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