Arrested in Florida in October 2012. Signed a speedy trial waiver. How long before charges have to be filed?

Asked almost 2 years ago - Orlando, FL

I spoke with an attorney to review my case and since he was doing it for free , he asked me to give him a few weeks and he sent a speedy trial waiver to me which I signed . This is a misdemeanor and my 1st arrest . I am pleading innocent as I truly am innocent . I didn't retain him as my attorney because nothing has happened since the arrest . The states case is rather weak . I do know that a witness of the event was called in and gave formal testimony . My understanding is that a speedy trial waiver has to do with the 90 day window for misdemeanors and 175 for felony in regards to the actual trial after arrest , if charged . However , how long can they sit on this before deciding to drop the case or actually file charges ? It has now been over 120 days and I am still stressing about it .

Additional information

The two answers are different and so maybe it is not clear. Thank you both however. The attorney was retained at the time of the speedy waiver. The arrest was for a 3rd degree misd. I waived speedy trial expecting the charge or information to get filed. I paid my bond out of pocket and have not gotten it back. I would file a demand for speedy trial but they never filed an information or charges? Can they still file or ammend the charge?

Attorney answers (4)

  1. Stewart Valencia

    Contributor Level 14

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    Answered . Your speedy trial clock starts ticking when you are arrested. If the charge is a misdemeanor, the state must file an information before ninety days. If the charge is a felony, they must file the information before 175 days. if that hasn't happened, they have lost jurisdiction of your case and can no longer file. The waiver you signed is irrelevant because he is not representing you. Good luck. I would contact the clerks office in the county you were arrested to confirm if the case has been in fact no infoed, or if the State Attorney is seeking to upfile it to a felony. Good luck.

  2. Corey Ira Cohen

    Pro

    Contributor Level 16

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    Answered . Since waiver of speedy was filed the state had at least a year maybe 2 depending on what the charge is.

    For more information or to set up a free consultation contact the Law Office of Corey Cohen at 407-246-0066 or... more
  3. Majid Vasigh

    Pro

    Contributor Level 17

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    Answered . There aren't third degree misdemeanors in Florida. What was the charge?

  4. Roger Scott Jr.

    Pro

    Contributor Level 12

    2

    Lawyers agree

    Answered . The attorney probably did not file your waiver with the state. This is very easy for an attorney to check out.

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