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

Asked almost 2 years ago - 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)

  1. Amber Hill

    Pro

    Contributor Level 14

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

  2. Karen Jean Tufte

    Contributor Level 11

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    Best Answer
    chosen by asker

    Answered . 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

  3. Bart Charles Craytor

    Contributor Level 17

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    Answered . 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.

    Good Luck

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  4. Christopher James Cina

    Contributor Level 3

    2

    Lawyers agree

    Answered . 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.

  5. Andrew Nicholas Clifford

    Contributor Level 11

    Answered . 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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