Exploring Your Right to a Speedy Trial
Introduction
Exploring your right to a speedy trial is essential for understanding the protections afforded to you under the law. This memo provides an overview of the right to a speedy trial in Florida, including the legal standards, time frames, possible extensions, and remedies for violations. By understanding these aspects, you can better navigate the legal system and ensure your rights are upheld.
Disclaimer of Nonspecificity
This memo addresses the general right to a speedy trial for individuals facing criminal charges in Florida. It does not pertain to any specific case or individual but rather provides a broad understanding of the legal protections available. Call us today for your free consultation to see how the law apply to your case specifically.
Your Rights
Right to a Speedy Trial: The right to a speedy trial is guaranteed by both the United States Constitution and the Florida Constitution. The Sixth Amendment to the United States Constitution states that in all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial. Similarly, Article I, Section 16(a) of the Florida Constitution and Florida Rule of Criminal Procedure 3.191 ensure this right.
Time Frame for Speedy Trial: Under the Florida Rules of Criminal Procedure, an accused must be brought to trial within sixty days upon filing a demand for a speedy trial. Additionally, all defendants are entitled to be brought to trial within a specific period prescribed by the rule without demanding the right to a speedy trial. For a Misdemeanor that time period is 90 days. For a Felony, that time period is 175 days.
Extensions and Exceptions: The court may order an extension of the time period for a speedy trial when exceptional circumstances are shown to exist, such as the unforeseeable unavailability of a witness. The time periods established by the rule may also be extended by administrative order issued by the chief justice.
Remedies for Violation: The primary remedy for a violation of the right to a speedy trial is the discharge of the defendant from further prosecution. However, discharge may be avoided if certain conditions are met, such as a valid time extension or if the failure to hold trial is attributable to the accused.
Protecting Your Rights
Right to a Speedy Trial: The right to a speedy trial is a fundamental protection designed to minimize the possibility of lengthy incarceration before trial and to reduce the anxiety and concern accompanying public accusation. This right attaches at the time of arrest or indictment and continues until the date of trial. The United States Supreme Court has emphasized the importance of this right, highlighting the need for states to provide clear parameters to protect it. In almost every single case, your lawyer should be talking to you about the implications BEFORE waiving your right to a speedy trial.
Time Frame for Speedy Trial: In Florida, the rules are clear that an accused must be brought to trial within sixty days upon filing a demand for a speedy trial. This ensures that the legal process moves swiftly, reducing the time an accused spends in uncertainty. Talking to your lawyer about whether it is appropriate to demand a speedy trial is the first. Filing a demand indicates to the court that your lawyer is ready for trial in five days and should not be taken lightly. At Pearl & Thompson, we assess each case thoroughly and weigh the risks and benefits associated with a demand for speedy trial.
Extensions and Exceptions: While the right to a speedy trial is robust, there are provisions for extensions under exceptional circumstances. For instance, the unforeseeable unavailability of a witness can justify an extension. Additionally, administrative orders can extend the time periods established by the rule. These provisions ensure that the right to a speedy trial is balanced with the practicalities of the legal process. Sometimes things happen that are outside of the norm. In those instances, the law has some built-in exceptions in the interests of fairness to both the accused and the prosecution.
Remedies for Violation: If the right to a speedy trial is violated, the primary remedy is the discharge of the defendant from further prosecution. However, this remedy is not guaranteed if certain conditions are met, such as a valid time extension or if the delay is attributable to the accused. This ensures that the right to a speedy trial is upheld while also considering the circumstances of each case. At Pearl & Thompson, we keep track of all the dates
