Right to a Speedy Trial

In the context of criminal law, you may have heard the term “speedy trial” in the past.  But just what is a speedy trial, and how is it practiced in the state of Florida?

There are two primary categories of provisions regarding speedy trial in criminal cases in Florida:

State – State provisions provided under the Florida Constitution and Florida statute stipulate that a trial must occur within 90 days for a misdemeanor charge and 175 days for a felony charge

Federal – Florida citizens facing criminal charges are granted speedy trial protections under the Sixth Amendment of the Constitution of the United States

The speedy trial time period begins accruing on the date of the defendant’s arrest.

Speedy trial provisions serve several purposes.  They are put in place to prevent incarceration in the period between arrest and trial, to ensure that the suspect has the full ability to defend themselves, to ensure the passage of time does not influence the memory of any witnesses and to protect the suspect from undue anxiety.

Defendants have the option to waive their right to a speedy trial, which many defense attorneys exercise when they feel they need additional time to prepare for trial.  An attorney should always consult with their client before waiving their rights.

Speedy trial issues often come up in DUI cases because there is often a significant delay when blood or urine samples are sent to a lab for examination.  Results can sometimes take months to arrive, leaving prosecutors with little time to prepare for trial.  Sometimes this can be advantageous for defendants who have not waived their right to speedy trial, as prosecutors under time pressures may drop or reduce charges in an effort to delay speedy trial requirements.

If the time period to execute a speedy trial expires, the defendant can begin the process of having their case dropped.