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).
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