Statutory Speedy Trial and Constitutional Speedy Trial
There are two speedy trial rights in Florida: the Constitutional right to a speedy trial under the Sixth Amendment of the United States Constitution and Article I, Section 16 of the Florida Constitution and the procedural or statutory right to a speedy trial under Florida Rule of Criminal Procedure 3.191.
Florida Rule of Criminal Procedure 3.191
The Florida speedy trial rule provides that once a person has been arrested, they must be brought to trial within 175 days of their arrest if charged with a felony or within 90 days of their arrest if charged with a misdemeanor. Brought to trial means once the jury panel has been selected to try the case.
Constitutional Speedy Trial
A person charged with a criminal offense is also entitled to the state constitutional protections provided by the Federal and Florida Constitutional protections under the Sixth Amendment which provide for a speedy trial even when the statutory remedy under state law has been waived. Even when the defendant waives his rights to a speedy trial under Florida Rule of Criminal Procedure Rule 3.191, the defendant may still have a right to have the charges discharged under his constitutional rights to a jury trial. The Supreme Court of the United States has listed the following four considerations in determining whether a delay caused by the prosecution caused a violation of an individual’s right to a speedy trial:
- The length of the delay and if it prejudiced the Defendant;
- The reason for the delay;
- If the Defendant asserted his right to a speedy trial; and
- If the Defendant was prejudiced by the delay.
A defendant’s constitutional right to a speedy trial cannot be established by an inflexible rule, but can be determined only on an ad hoc balancing the conduct of the prosecution and the rights of the Defendant. The will assess the above four factors in a flexible manner to determine if the Defendant was deprived of his due process rights to a speedy trial.
Reasons to Waive Your Right to a Speedy Trial in Florida
Requesting a speedy trial is not always in the defendant’s best interest because often the defense needs additional time to properly prepare for trial. The most common reasons for waiving one’s right to a speedy trial include:
- To properly prepare for trial.
- To complete the discovery process
- To file pre-trial motions in an attempt to exclude or limit evidence
- To participate in a diversion program
In other cases it may be to the Defendant’s advantage to assert his or her rights to a speedy trial under Florida law.
Recent Florida Speedy Trial Case Law
State v. Zackery, 5D14-4253 (Fla. 5th DCA Dec. 4, 2015) We find Zackery is not entitled to a speedy trial discharge based upon the State’s delayed drug analysis, delayed identification of the lab analyst, and delayed provision of the lab test report because there was no intentional discovery violation by the State and no attempt by the defendant to depose the analyst during the seventeen days between disclosure and trial.
State v. Templar-O’Brien, 173 So.3d 1129 (Fla. 2nd DCA 2015) When a defendant has, by obtaining a continuance, waived his speedy trial rights under the rule of criminal procedure governing such rights, and the information is nolle prossed, the waiver carries over and is effective under the re-filed information.
State v. Borko, 173 So.3d 1086 (Fla. 2nd DCA 2015) The 170 day felony speedy trial rule did not apply once state nolle prossed felony case in circuit court, and then filed it as a misdemeanor case based on the same conduct, and therefore, 90 day speedy trial rule for misdemeanors barred trial court on charge of petit theft, where state failed to file misdemeanor charge against defendant within the speedy trial time applicable to misdemeanors.
Dozier v. State, 175 So.3d 322 (Fla. 1st DCA 2015) Once a speedy trial request has been made under the interstate agreement on detainers act, if the state fails to bring a defendant to trial within 180 days, dismissal of the detainer charges is mandated.
Call Me for Information on Your Speedy Trial Rights
At Bryce A. Fetter, P.A. I have experience with asserting the speedy trial Florida statutory provisions to cause a discharge of criminal offenses when the State was unwilling or unable to proceed to trial in a timely manner. If you have pending charges in Orange County, Seminole County, Osceola County, contact an experienced Orlando criminal attorney to discuss your speedy trial rights.
Statutory Speedy Trial and Constitutional Speedy Trial
There are two speedy trial rights in Florida: the Constitutional right to a speedy trial under the Sixth Amendment of the United States Constitution and Article I, Section 16 of the Florida Constitution and the procedural or statutory right to a speedy trial under Florida Rule of Criminal Procedure 3.191.
Florida Rule of Criminal Procedure 3.191
The Florida speedy trial rule provides that once a person has been arrested, they must be brought to trial within 175 days of their arrest if charged with a felony or within 90 days of their arrest if charged with a misdemeanor. Brought to trial means once the jury panel has been selected to try the case.
Constitutional Speedy Trial
A person charged with a criminal offense is also entitled to the state constitutional protections provided by the Federal and Florida Constitutional protections under the Sixth Amendment which provide for a speedy trial even when the statutory remedy under state law has been waived. Even when the defendant waives his rights to a speedy trial under Florida Rule of Criminal Procedure Rule 3.191, the defendant may still have a right to have the charges discharged under his constitutional rights to a jury trial. The Supreme Court of the United States has listed the following four considerations in determining whether a delay caused by the prosecution caused a violation of an individual’s right to a speedy trial:
- The length of the delay and if it prejudiced the Defendant;
- The reason for the delay;
- If the Defendant asserted his right to a speedy trial; and
- If the Defendant was prejudiced by the delay.
A defendant’s constitutional right to a speedy trial cannot be established by an inflexible rule, but can be determined only on an ad hoc balancing the conduct of the prosecution and the rights of the Defendant. The will assess the above four factors in a flexible manner to determine if the Defendant was deprived of his due process rights to a speedy trial.
Reasons to Waive Your Right to a Speedy Trial in Florida
Requesting a speedy trial is not always in the defendant’s best interest because often the defense needs additional time to properly prepare for trial. The most common reasons for waiving one’s right to a speedy trial include:
- To properly prepare for trial.
- To complete the discovery process
- To file pre-trial motions in an attempt to exclude or limit evidence
- To participate in a diversion program
In other cases it may be to the Defendant’s advantage to assert his or her rights to a speedy trial under Florida law.
Recent Florida Speedy Trial Case Law
State v. Zackery, 5D14-4253 (Fla. 5th DCA Dec. 4, 2015) We find Zackery is not entitled to a speedy trial discharge based upon the State’s delayed drug analysis, delayed identification of the lab analyst, and delayed provision of the lab test report because there was no intentional discovery violation by the State and no attempt by the defendant to depose the analyst during the seventeen days between disclosure and trial.
State v. Templar-O’Brien, 173 So.3d 1129 (Fla. 2nd DCA 2015) When a defendant has, by obtaining a continuance, waived his speedy trial rights under the rule of criminal procedure governing such rights, and the information is nolle prossed, the waiver carries over and is effective under the re-filed information.
State v. Borko, 173 So.3d 1086 (Fla. 2nd DCA 2015) The 170 day felony speedy trial rule did not apply once state nolle prossed felony case in circuit court, and then filed it as a misdemeanor case based on the same conduct, and therefore, 90 day speedy trial rule for misdemeanors barred trial court on charge of petit theft, where state failed to file misdemeanor charge against defendant within the speedy trial time applicable to misdemeanors.
Dozier v. State, 175 So.3d 322 (Fla. 1st DCA 2015) Once a speedy trial request has been made under the interstate agreement on detainers act, if the state fails to bring a defendant to trial within 180 days, dismissal of the detainer charges is mandated.
Call Me for Information on Your Speedy Trial Rights
At Bryce A. Fetter, P.A. I have experience with asserting the speedy trial Florida statutory provisions to cause a discharge of criminal offenses when the State was unwilling or unable to proceed to trial in a timely manner. If you have pending charges in Orange County, Seminole County, Osceola County, contact an experienced Orlando criminal attorney to discuss your speedy trial rights.
