Speedy Trial in Florida
June 16, 2023
The right to a speedy trial ensures that individuals accused of a crime are not subjected to undue delays in the criminal justice process. Here are the key points regarding the speedy trial process in Florida:
The right to a speedy trial is guaranteed by the Sixth Amendment of the United States Constitution and Article I, Section 16 of the Florida Constitution.
Florida law sets a time limit within which a defendant must be brought to trial. In most cases, the trial must commence within 90 days from the date of arrest if the defendant is in custody, or within 175 days if the defendant is not in custody.
Demand for Speedy Trial:
The defendant can choose to assert their right to a speedy trial by filing a written demand with the court. This demand triggers the clock, and the prosecution must bring the case to trial within the prescribed time limits.
Exclusions and Delays:
Certain periods of time may be excluded from the speedy trial calculation. For example, delays caused by the defendant's actions, competency evaluations, or motions for continuances may be excluded from the overall time limit.
Courts consider various factors when determining whether a defendant's right to a speedy trial has been violated. These factors include the length of the delay, the reasons for the delay, the defendant's assertion of their right, and any prejudice the defendant may have suffered as a result of the delay.
Remedies for Violation:
If the defendant's right to a speedy trial is violated, they may seek remedies such as the dismissal of charges or suppression of evidence. However, not all violations automatically result in case dismissal; the court will consider the circumstances and potential prejudice to the defendant.
It's important to note that the specific procedures and time limits can vary depending on the nature of the charges, the court's caseload, and other factors. Contact the Law Office of Juan C. Calama, we are experts in criminal defense and can consult with you on your case to ensure that your speedy trial rights and other criminal defense rights are protected.
Remember, this blog post is intended to provide general information and should not be construed as legal advice. Consult with a criminal defense attorney to obtain personalized guidance tailored to your specific situation.