Question 1

What is the right to a speedy trial in Florida?

Accepted Answer

The right to a speedy trial is guaranteed by: the Sixth Amendment to the U.S. Constitution, Article I, Section 16 of the Florida Constitution, and Florida Rule of Criminal Procedure 3.191. Florida’s speedy trial rule: misdemeanors (the defendant must be brought to trial within 90 days of arrest), and felonies (the defendant must be brought to trial within 175 days of arrest). If the State fails to bring the defendant to trial within these time limits: the defendant can file a notice of expiration and demand discharge.

Question 2

How does the speedy trial demand work in Florida?

Accepted Answer

Demand process (Rule 3.191(b)): after the speedy trial period expires: the defendant files a "Notice of Expiration of Speedy Trial Time," the court holds a hearing within 5 days, the State has 10 days (misdemeanor) or 15 days (felony) to bring the case to trial, and if the State fails to try the case within this recapture period: the defendant is entitled to discharge (the charges are dismissed and cannot be refiled). The recapture period: is the State’s last chance to try the case; failure to meet this deadline results in mandatory discharge.

Question 3

What are the exceptions to Florida’s speedy trial rule?

Accepted Answer

Exceptions: the defendant’s own delays (continuances requested by the defendant toll the speedy trial clock), the defendant is unavailable (the defendant is out of state, in federal custody, or incompetent), exceptional circumstances (natural disasters, pandemics, or other extraordinary events), and the defendant waives speedy trial (the defendant can expressly waive the speedy trial right; the waiver should be knowing, voluntary, and on the record). The 4-part Barker test (Barker v. Wingo, 1972): length of delay, reason for delay, defendant’s assertion of the right, and prejudice to the defendant.

Right to Speedy Trial Constitutional Criminal

Right to Speedy Trial in Florida

Time Limits

Demand Process

Exceptions

Related Terms

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