If you are facing criminal charges, you are likely aware of the fact that you have the right to a speedy trial. But what does it mean, and is it a right you should waive? The right comes from the Sixth Amendment to the United States Constitution and from Article I, Section 16 of the Florida Constitution. It exists so that nobody sits in jail, or lives under an open charge, longer than necessary before getting a hearing. If you are not imprisoned it ensures that you get your fair hearing without charges looming overhead for an extended period.
Like most rights, this one can be waived, the same way you can waive your right to remain silent. Whether waiving helps you depends on the rule that sets the deadlines and on where your case currently sits inside it. Criminal defense attorney Matt Shafran at Weinstein Legal Team will go through both in a free case evaluation. If you have a docket call coming up, raise it with a defense attorney before that date rather than after it.
What Is a Speedy Trial?
Florida attaches numbers to the right where the federal constitution does not. Under Florida Rule of Criminal Procedure 3.191(a), the state must bring you to trial within 90 days if the charge is a misdemeanor and within 175 days if it is a felony. Those periods run from the day you are formally charged by information or indictment under Rule 3.191(d), not from the day you were arrested.
You are not stuck with them either way. Rule 3.191(b) lets you demand a faster trial, and either side can ask the court for more time under Rule 3.191(i). Which of those helps you is a question about your particular file, not a general one.
Timelines for Trials
A demand for speedy trial is a separate written pleading, and filing it replaces the 90-day and 175-day periods with one shorter clock. Under Rule 3.191(b) the court holds a calendar call within 5 days of the demand and must set trial to begin no sooner than 5 days and no later than 60 days from the day the demand was filed. That 60-day period is the same whether the charge is a misdemeanor or a felony. Rule 3.191(g) treats the demand as a statement that you have investigated the case and will be ready for trial within 5 days, and the state can have an unprepared demand stricken.
Blowing the deadline does not end the case by itself. Under Rule 3.191(o) you file a Notice of Expiration of Speedy Trial Time, the court holds a hearing within 5 days, and the state then gets a mandatory 30-day recapture period to bring you to trial. Only if that 30 days runs out through no fault of yours are you discharged from the crime, and the discharge is without prejudice unless the court also finds your constitutional speedy trial right was violated.
Waiving Your Right to a Speedy Trial
While many people are eager to put their legal problems behind them and serve their sentence, there are times when it is a good idea to waive your right to a speedy trial. Your attorney may advise you to waive the right if they feel they need more time to prepare the best defense for your case. Waiting is hard. But the state carries the burden of proof, and testing it takes time: depositions of the state's witnesses, records requests, lab results and independent experts all run longer than the speedy trial clock allows.
Other Reasons to Waive a Speedy Trial
Your attorney may also advise you to waive your right to a speedy trial if there is a need to procure witnesses. Your attorney may need to track them down, have them provide deposition, and go through the formal motions. Sometimes this can take longer than expected or longer than one would like.
Additionally, if you are facing charges for which it is likely you will receive jail time and you are not out on bail or bond, the time you spend incarcerated leading up to your trial may count as time served after sentencing. The benefit in this scenario is that you will accrue time towards your sentencing while your attorney also continues to build your case. So, while you may be in jail for the time being, it may also result in less prison or jail time in the long-run.
At the same time, if you do get out of jail on bail or bond you may wish to delay your trial to spend more time with family and friends before serving a sentence. This is particularly true if you expect to get a lengthy sentence. However, this is a personal choice and it is one that only you can decide. Your attorney will have valuable insight regarding your case and whether or not this is a good idea.
These are issues that you must carefully consider and go over with your attorney. If you wish to have a speedy trial Florida law allows you to file for the motion, but it may not always be in your best interest. Make sure you have an experienced, well-informed lawyer on your side to explain the pros and cons of each scenario.
When Not to Waive a Speedy Trial
Time cuts both ways. Every week your attorney spends building a defense is a week the prosecutor spends building the case against you. Where the state's file is thin, where a lab result has not come back, or where a witness has not been located, a demand under Rule 3.191(b) can force the case to trial before the state is ready.
You can also ask the court for a continuance, but understand what it costs you. Under Rule 3.191(j), a failure to hold trial that is attributable to you or your counsel defeats a motion for discharge, so a defense continuance does not simply add days on top of the 90 or 175. It is a trade: preparation time in exchange for the deadline you were relying on.
Finding Answers
Whether to waive turns on specifics: the charge, whether you are in custody, what the state has produced in discovery so far, and whether your own witnesses are ready. No general answer covers every case, which is why this is a conversation with a lawyer who has read your file.
Your attorney's job is to lay out the trade in your case: what the state still needs, what you still need, and which clock helps whom. The decision to waive is finally yours to make.
What Are Exceptional Circumstances?
The court can extend the speedy trial period for "exceptional circumstances" under Rule 3.191(l), but only by written or recorded order and only for reasons the rule recognizes. Rule 3.191(l) expressly excludes general congestion of the court's docket, lack of diligent preparation, failure to obtain available witnesses, and other avoidable or foreseeable delays.
If a witness or person providing testimony becomes unexpectedly ill, incapacitated, or cannot be present when necessary the court may delay your trial until they can appear. This may happen, for example, if a witness has a death in the family and cannot travel or is in the hospital for an extended period.
The state may also file for exceptional circumstances in cases that are particularly complex. Just as your lawyer has the right to file for a continuance to continue gathering information, the state may do the same. This does not happen in average cases.
Rule 3.191(l)(3) also covers a showing by the state that specific evidence or testimony is not available despite diligent efforts to secure it but will become available later. The words "despite diligent efforts" carry the weight. If the state simply never went and got the witness, that is an avoidable delay and Rule 3.191(l) says it is not an exceptional circumstance.
Hiring an Attorney for a Speedy Trial
If you are facing criminal charges in West Palm Beach or Fort Lauderdale, Florida, contact criminal defense attorney Matt Shafran at Weinstein Legal Team today for a free case evaluation. Mr. Shafran is a former prosecutor and heads the criminal defense division at Weinstein Legal Team.
Mr. Shafran will look at the charge, the discovery the state has produced, and your custody status, then tell you whether waiving the right, demanding a trial, or leaving the clock alone fits your case.
No two cases are the same, and at Weinstein Legal Team, we know that no two clients are the same. We are dedicated to each client we serve, ensuring that you have around-the-clock access to your attorney. Having an upcoming criminal case is a stressful time and we are here to guide you through the process.
Contact Weinstein Legal Team in Florida today at 888-626-1108.
