Both the U.S. Constitution and the Constitution of Florida guarantee the right to a speedy trial. But what does “speedy” mean in real-time? Neither constitution specified how speedily a trial must be held in a criminal case, but it has always been understood to mean that a trial should be conducted without “undue” delay.
In 1966, the U.S. Supreme Court held that the speedy trial rule exists “to prevent undue and oppressive incarceration before the trial, to minimize anxiety and concern accompanying public accusation and to limit the possibilities that long delay will impair the ability of an accused to defend himself.” The origin of the rule goes back to 1215 when the Magna Carta declared that justice and rights will not be delayed or denied.
Stechschulte Nell, Attorneys at Law in Tampa are committed to protecting all the rights to which our clients are entitled under both federal and state law. As you will read in this blog post, the law in Florida mandates that a criminal trial must be conducted within a certain number of days after a person is arrested or notified to appear in court to answer on a criminal charge. But there are a significant number of exceptions to the strict speedy trial clock and a series of procedural requirements demanding the close attention of an experienced Florida criminal defense lawyer.
Florida’s Speedy Trial Rule
The right to a speedy trial rule could not be left undefined. It required a clear statement of what would be considered sufficiently speedy to comply with the defendant’s constitutional rights but not so speedy that it would deny the prosecution a fair opportunity to prepare the case for trial.
Florida Rule of Criminal Procedure 3.191 requires that every person who is charged with a crime be brought to trial within a certain number of days of their arrest:
- 90 days after arrest for a misdemeanor
- 175 days after arrest for a felony
If the trial does not begin within that timeframe, then the defendant has the right to file a special pleading called a “Notice of Expiration of Speedy Trial Time.” That filing then requires the court to conduct a hearing within 5 days to determine whether some exception to the speedy trial deadline applies.
If after the hearing the judge finds that no exceptional circumstances are present, the court must order the trial to begin within 10 days.
Then, if the trial is not started within 10 days, the defendant or the judge can move to dismiss the charges and “forever discharge the defendant from the crime.” If that happens, the state can never legally attempt to charge the defendant again with that crime or any other crime chargeable from the facts of the case.
When Do the Speedy Trial Deadlines Not Apply? (Exceptions to the Speedy Trial Rule)
Under the same rules that require the trial to begin within the designated number of days is a list of circumstances, situations, and excuses that are considered acceptable reasons not to follow the deadlines required under the speedy trial rules.
The speed trial deadlines do not apply if any of the following exceptions apply:
- A time extension has previously been ordered and that extension has not yet expired,
- the delay in starting a trial is attributable to the defendant, a codefendant in the same trial, or either of their lawyers,
- either the defendant or their lawyer was unavailable for a proceeding that required their presence,
- the “Demand for Speedy Trial” is determined to be invalid by the nonoccurrence of a required precondition (the defendant is not in Florida or notice of the defendant’s presence in the county is not yet filed with the court).
If any of these exceptions apply, the court will deny the defendant’s motion to be discharged from the case and will then schedule the trial to commence no later than 90 days.
Other exceptions to the Speedy Trial Deadlines:
The law also allows the court to grant more time in other exceptional circumstances. Those circumstances must involve “a matter of substantial justice to the accused or the state or both.”
Why You Might Not Want to Demand a Speedy Trial (Be Careful What You Ask For . . . )
No defendant should rush to trial before they and their criminal defense lawyers have reached a point of complete preparedness for trial. That means exhausting every lead, investigating every fact and witness, and researching and preparing every legal motion and argument that could potentially aid the defense.
Remember that many cases involve months-long police investigations before a defendant is ever arrested or charged with a crime. That means the prosecution has been working on collecting evidence, interviewing witnesses, researching the law, and preparing its case before a defendant even hires their criminal defense lawyer.
The prosecution also enjoys virtually unlimited financial resources and manpower paid for by the taxpayers.
You and your defense lawyers need time to complete the extensive work required to ensure that every step is necessary to protect you and your rights, and to maximize your chance of winning the trial. In some cases, defendants and their lawyers seek one or more continuances to enable them to complete trial preparations.
Waiving the right to a speedy trial is frequently in the best interest of the defendant. No defendant should ever go to trial before they and their defense lawyer have completed all necessary and beneficial preparation.
Related > Plea or Go to Trial? Who Decides?
Tampa’s Certified Criminal Defense Lawyers – Ben Stechschulte and Amy Nell
Only experienced criminal defense lawyers know how to balance the desire to go to trial quickly with the need to be fully prepared to win. In Tampa, Stechschulte Nell, Attorneys at Law, has years of experience preparing clients’ cases and conducting trials at the most beneficial time for the defendant.
When prosecutors try to rush the case through to trial, Stechschulte Nell protects their client’s rights to receive a fair trial when the defense is fully ready. When prosecutors try to delay, Tampa’s Ben Stechschulte and Amy Nell use the law to move their client’s defense forward.
Experience you can trust. Call us for a case review today; 813-280-1244.
