Legal Question in Criminal Law in Florida
In the State of Florida if the prosecution is trying a misdemeanor case and every time the defendant comes to court there is a new public defender who asks for a continuance which goes on for over 3 years, is there a point when the prosecution must drop the case?
1 Answer from Attorneys
The State is not obligated to drop the charges under these facts. When the defense asks for a continuance then the right to a speedy trial is waived. While it is unfortunate to have a new public defender every time, the Public Defender's Office is the firm that represents you and therefore the office gets to decide how to assign attorneys. If you hired a private attorney then you can be assured that it will be the same attorney every time that is representing you.
Of course if your case actually does go to trial and the State does not have their witnesses then they would have to drop your case.
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