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How many times can you file a speedy trial on a criminal case?

Marathon, FL |

Lawyer filed for a speedy trial and then due to conflict of dates set by the judge and a prior case he had elsewhere could not adhere to the speedy trial. The trial date was postponed and a continuous was granted. At this point can another speedy trial be motioned?

Attorney Answers 5

Posted

Yes. As long as your attorney is still ready to proceed to trial, s/he can file a new demand. You should discuss this further with your attorney. Good luck!

`Karen J Tufte
Board Certified Criminal Trial Attorney
772-489-9096
www.tuftelawoffice.com

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Asker

Posted

Thanks. My lawyer is impossible to reach. I have left 20 messages for him between his answering service and his secretary over the last 45 days and have yet to hear his voice. It is quite disheartening. This after paying 11 grand. This is the only place I can get answers to my questions besides googling it.

Asker

Posted

Thanks. My lawyer is impossible to reach. I have left 20 messages for him between his answering service and his secretary over the last 45 days and have yet to hear his voice. It is quite disheartening. This after paying 11 grand. This is the only place I can get answers to my questions besides googling it.

Posted

Your lawyer could file a demand for speedy. You should speak to him or her about your case.

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Posted

You can file a demand for speedy trial frequently. In Barker v. Wingo, the U.S. Supreme Court stated one of the factors was that the defendant pressed for a speedy trial (not necessarily a motion to dismiss but to press for a trial.) A Florida attorney can more accurately respond about local law. You should speak to your attorney about this.

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Posted

When prosecution is commenced, an accused has a right to a speedy trial without demand. It sounds like your attorney actually filed a demand for speedy trial, most likely after initially waiving your right to a speedy trial. When you file a demand for speedy trial you are letting the Court know I AM READY for trial regardless of scheduling issues. I am not sure what exactly happened with your case but often times a judge won't continue a case after you demand speedy trial.

To specifically, answer your question, nothing in the rules of criminal procedure precludes a second demand for speedy trial.

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Posted

You can file a demand at any time you're ready to proceed, even if the normal "speedy trial" time frame has passed. If you and your lawyer and ready to proceed, speak with him/her about filing the demand.

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