Legal Question in Criminal Law in Florida

right to a speedy trial

I was charged with a crime I did not commit. The State immediately dropped it to a lesser charge in hopes I would ple-bargain.

I adamantly have refused to plea to a crime I did not commit.

This has made the State furious at me, and they have since refiled felony charges.

I have never asked for a continunce. It has been a ''Year'' since this mess began.

It is the 'State'' that has postponed everything.

Is it true that under Federal law my Attorney is able to approach the courts and ask for this to be dismissed? I was reading that the State must take you to court in a 6 month time span if you are charged with a felony, not including murder.


Asked on 5/10/07, 7:46 pm

1 Answer from Attorneys
Richard Hornsby Richard E. Hornsby, P.A.

Re: right to a speedy trial

Under Florida and Federal law every person has the right to a "speedy trial," thi is known as your constitutional speedy trial right There is no magical number, although a year is presumed to be too long.

However there is also a procedural right to a speedy trial at the State level. This means that the State has to bring you to trial within 175 days of your arrest if charged with a felony or 90 days if charged with a misdemeanor.

While you may not have asked for a continuance, you are represented by counsel and I guaranty that your attorney has continued your case several times and thus waived your speedy trial rights, even without your permission. There is nothing you can do about this as it is not the State's fault.

Read more
Answered on 5/10/07, 9:29 pm


Related Questions & Answers

More Criminal Law questions and answers in Florida