How long can the state prolong a trial if the defendant has asked for a speedy trial?

Asked 11 months ago - Miami, FL

How long can state prolong a trial if the defendant has asked for a speedy trial?

Attorney answers (3)

  1. Valerie Erwin Prevatte

    Pro

    Contributor Level 10

    16

    Lawyers agree

    Answered . There are some exceptions, but generally a defendant has the right to demand a trial within 60 days by filing a Demand for Speedy Trial and serving a copy of it on the prosecutor. The court is supposed to hold a "calendar call" within 5 days of the filing of a DST, and then set the trial between 5 & 45 days. Again, there are exceptions. A defendant who demands a speedy trial is basically saying he/she has diligently investigated the case and is prepared for trial. I've seen many defendants file a DST on their own, only to realize they truly are NOT ready for trial. Often times, delays in going to trial actually benefit the accused (memories fade, witnesses lose interest, bigger & better stories hit the news, etc.)

    The comments herein do not establish an attorney/client relationship.
  2. Larry Thomas McMillan

    Contributor Level 15

    14

    Lawyers agree

    Answered . If you filed a "Demand for Speedy Trial" the state has 60 days to bring you to trial.

  3. Robert Jason De Groot

    Pro

    Contributor Level 20

    8

    Lawyers agree

    Answered . They basically must try the case within 175 days, when there is no waiver of speedy trial.

    R. Jason de Groot, Esq.,

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