There are two different types of speedy trial rights that exist for a criminal defendant in Florida.
Natural Speedy: A defendant charged with a criminal offense in Florida is entitled to the statutory speedy trial rights provided by Florida Law. This means that the defendant is entitled to be brought to trial within 90 days for a misdemeanor crime or 175 days for a felony.
Demand for Speedy Trial: A defendant charged with a criminal offense can at any time
demand a speedy trial even if it has been previously waived.
Florida Right to Speedy Trial
The speedy trial provisions provided by the State and Federal Constitutions are “an important safeguard to prevent undue and oppressive incarceration prior to trial, to minimize anxiety and concern accompanying public accusation and to limit the possibility that long delay will impair the ability of an accused to defend himself.” Dickey v. Florida, 398 U.S. 30 (1970).
Arrest and Speedy Trial
The right to a speedy trial is particular important when the police make an arrest before formal criminal charges are filed. The arrest, under most circumstances, will trigger the speedy trial provisions. Once an arrest occurs, the Office of the State Attorney must file formal charges prior to the expiration of the speed trial time period. If the charges are not filed within that time specific time frame, the defendant might be entitled to a discharge of the criminal charges.
The right to a speedy trial is an important protection provided to any person accused of a crime in Florida. For more information on how Speedy Trial and how it might be applicable in your criminal case, contact David J. Sobel P.A. for a free consultation.