Is speddy trial and DEMAND SPEEDY TRIAL the same thing?

Asked about 2 years ago - Hialeah, FL

are the forms to file motion the same, where can I obtain them please???

Attorney answers (5)

  1. Elmer Sanchez

    Contributor Level 12

    12

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    Answered . No. You can have the time for a speedy trial expire (90 days for misdemeanor and 175 for felony) If that happens, the defendant can file a Notice of expiration of speedy trial. The court Must then have a hearing on the matter and set the case for trial all within 15 days. A demand for Speedy says that the defendant is ready for trial and the court then has a hearing and sets the matter for trial within 60 days. The demand can be filed prior to the speedy trial time noted above having expired.

    Contact through this site alone does not establish a client lawyer relationship. This information is not to be... more
  2. Karen Jean Tufte

    Contributor Level 11

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    Answered . I agree with Mr. sanchez. However, I want to add that if you have continued your case, you have waived your right to a speedy trial and the only way get it back is to file a demand for speedy trial. You should really discuss this and whether this is the best thing to do in your case with an attirney in your area. Good luck!

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

  3. John Skyler Riordan

    Contributor Level 17

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    Answered . Yes it is the same terminology. Again, be very careful with speedy trial. It very rarely helps the defendant. Usually it simply results in a speedy guilty. I would consult with an attorney in your area regarding the specific facts of your case. There is no "form" that can be provided to you. Simply write a letter to the judge and title it demand for speedy trial. Again, i do not recommend doing this unless advised by your lawyer.

    John S. Riordan, Esq., RIORDAN & HERMAN, PL., West Palm Beach, FL, (561) 650-8291. Mr. Riordan is a former Palm... more
  4. David Richard Damore

    Pro

    Contributor Level 16

    2

    Lawyers agree

    Answered . no

  5. Dave Bahr

    Contributor Level 16

    3

    Lawyers agree

    Answered . You really should talk to a lawyer before doing anything else. Good luck.

    I have been licensed to practice in the State of Oregon since 1990. I am not offering legal advice regarding your... more

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