speedy trial process

UPDATED: Jun 23, 2009

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speedy trial process

How long does a speedy trial take?

Asked on June 23, 2009 under Criminal Law, Florida


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Under Florida law:

Speedy trial without demand:  in most cases, a defendant will be brought to trial within 90 days of arrest if the crime is a misdemeanor, and within 175 days of arrest if the crime charged was a felony.

Speedy trial with demand:  with limited exceptions, every person charged with a crime has the right to demand a trial within 60 days.  A felony is a crime usually punishable by imprisonment for more than one year.  A misdemeanor, on the other hand, is usually punishable by a fine or a year or less of incarceration

It should be noted, the right to a speedy trial does not apply to every stage of a criminal case.  It arises only after a person has been arrested, indicted, or otherwise formally accused of a crime by the government. Before the point of formal accusation, the government is under no Sixth Amendment obligation to investigate, accuse, or prosecute a defendant within a specific amount of time.

If the Court, however, does find that the defendant's speedy trial rights were violated, it will dismiss the prosecution with prejudice (barring re-prosecution).

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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