Legal Question in Civil Rights Law in Florida

i was arrested on march 25th. for sale of canabis its been over 180 days the state took forever to give me a court date. i have my second court date for the 30th. can i get my charge dismissed for violation of speedy trial? and do i have to file the motion fo rexperation or whatever?


Asked on 9/25/09, 3:18 pm

1 Answer from Attorneys

Joseph Vredevelt Best Vredevelt & Associates

you can file a notice of expiration of speedy trial, however, if the state has its witnesses ready the court will set the case for trial within 15 days. Just because the State has failed to give you a trial within 180 days does not mean an automatic win for the defendant. Florida law gives the state 15 days to "recapture" the trial and must give a trial in that 15 day period. If they do not, then the case will be dismissed.

All My Best,

Joseph Vredevelt

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Answered on 9/26/09, 2:24 pm


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