Legal Question in Criminal Law in Florida

Re: waiver of speedy trial

you have to file a demand for speedy trial.

Re: waiver of speedy trial

At your arraignment, the court asks if you want a speedy trial. In Nevada, a speedy trial is held around 60 days after the arraignment. If you waive your right to a speedy trial, the court places you in its next available calendar date, which in Las Vegas is called "ordinary course." Now, if you want to rescind a waiver of that speedy trial, you must file a motion with the court indicating the reasons why you want a trial to be held within that 60 days. A good reason could be the loss of a key witness who has less time to live (Of course, the court may instead grant a deposition to preserve that person's testimony). Another possible reason could be that at the time of your waiver, you did not have evidence that somehow will not exist at the time of the trial.

As you can see, the problem with rescinding your waiver is finding a good enough reason to convince a court that it must slot you in an already scheduled (and presumably packed) calendar. You can file the motion, but experience tells me that you will instead go at your scheduled time.

Good luck.

Re: waiver of speedy trial

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Once it is waived, the original time period is lost. You can later file a demand for a speedy trial and a new time period will begin.

Scott R. Jay, Esq.