Legal Question in Criminal Law in Florida

If she was arrested, and 175 days pass without the state filing charges, a motion to discharge may be filed and the charges should be dropped. The state has up to and including 175 days. I don't know what you mean by "agreement." If the state has already filed charges, they have to get her to trial w/in 175 days. If not, a Notice of Expiration of speedy trial can be filed and the state gets an extra 15 days. There is no penalty to the state, and the charges remain valid, unless the Notice is filed. If the 15 days pass without trial, then the motion to discharge would be filed and the case dismissed. There are a couple of "gotchas" in the rule, but they rarely apply. If charges are filed, continuances with waivers of speedy trial are generally made and granted. The state and the defense can come to an "agreement" on a plea at any time after charges are filed.

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