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Can speedy trial deadline be used to force a DA to drop the charges if the clocks run out ?

Tampa, FL |

Or does it force a trial only?

Attorney Answers 8

Posted

If more than 175 days have passed since you were arrested and no charges have been filed, then you would be entitled to discharge on any subsequent charges arising from the facts that lead to your arrest. If on the other hand, you've been charged by information or indictment and 175 days has run, with no waiver of speedy and no delay attributable to the defense, then once you notice the State and Court that speedy trial has lapsed, the State is entitled to a 15 day recapture period.

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1 comment

Justin Wade Blow

Justin Wade Blow

Posted

I should have mentioned that if the case is a misdemeanor or juvenile, the deadline is 90 days. Also, you wouldn't be forcing the prosecutor to do dismiss, but rather having the court discharge you.

Posted

If the State doesn't get their case together they may be forced to dismiss the case if their not prepared.

Sincerely,

Erick Platten

Platten Law Office

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Posted

The State has 90 days in a misdemeanor from date of arrest and 175 in a felony to bring an accused to trial. Should the accused not waive his right to the speedy trial, he should be brought to trial in this time frame. If the accused gets close to this date, he may file a notice of expiration of speedy trial and the State has 15 days to bring him to trial after the speedy date has run. If this isn't done, it is a violation of the accused's constitutional rights and the case should be dismissed.

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Posted

It just forces them to scramble to recapture. They can, and they usually do get their act together before trial. Although you may or may not have already waived speedy trial. This is a common practice by many defense attorneys and often times it is not fully explained to the client. Another way you waive speedy is by simply asking for a continuance. Check with your attorney.

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Posted

The speedy trial rule has been changed to such an extent that it is rarely a useful tool for a defendant. However, there are those rare cases that may fall into a good posture because of the rule. It is so complex and there are so many exceptions and definitions that you must know to understand the rule, DO NOT try to figure this out for yourself. There are many lawyers, most of whom do not practice a lot of criminal law, that do not know or understand this rule. This a question strictly for your criminal defense lawyer to answer.

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Posted

If the government completely drops the ball, this might be used to your advantage. But that is a very rare occurrence as speedy trial is never far from the state's mind. Instead of worrying about the government screwing up its case, you should worry about building your own. That is typically the safer and smarter route.

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Posted

The speedy trial rules prevent a case from lingering longer than it should. However, the Defense has to file a notice of expiration of speedy trial, get the matter heard at a hearing and then the court will calendar a date for trial. The element of complete surprise is therefore removed. The state will have some (although possibly minimal) time to prepare. The state usually, especially for felonies knows whats going on.

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Posted

Yes, but it depends on the facts of the case. Has the state filed charges, where you under arrest and in police custody, were you given a notice to appear, did you waive speedy at any point, were you released and the state has yet to file charges? These are all questions you need to talk to an attorney about. If you do file a notice of experation of speedy trial then the state does have a 10 day recapture period followed by 5 days to try the case. This can make it hard on the state to get their witnesses together so they may drop the charges or give you a good plea deal. Either way you need to discuss this matter with an experienced criminal attorney.

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