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Speedy Trial waived prior to formal charges being filed. 13 months later, the state is filing a different charge? Legal?

Miami, FL |

My first arrest and I am over 50 years old . No criminal history . Wound up in an altercation and was arrested with a misdemeanor . I was released and waived speedy trial . Then no charges were ever filed . I called about getting my bond money back just after a year since nothing was filed and was advised that they have not dropped my case yet ? Now , four weeks later , over a year after my arrest , they are filing a Felony Charge . I can accept a plea to a misdemeanor and get 6 months probation or fight the felony charge . Seriously , this was not a Felony type thing and how can they change the charge over a year after my arrest ? I waived the speedy trial of a MISDEMEANOR ( arrest report ) and not a FELONY . Can they really do this to make me plea after 13 months have past ?

The original charge was simple battery. I was briefly represented by a friend,(since canceled) who is a criminal defense attorney in Boca. He advised I waive the speedy trial as the prosecution may not be inclined to file charges.(13 months ago)I was NEVER arraigned, only a first appearence after arrest. I was sent a notice to appear on a Felony Battery Charge two weeks ago and have since spoken with an assistant? state attorney. I was advised that the waiver of speedy trial only waives my right to a trial for the charge at arrest. I was also under the impression that speedy trial waiver waives a trial date window and not the actual requirement that I be charged within the 90 day window. Thank you again.

Attorney Answers 3


There may be issues here but more information is needed.

I assume the original charge was Battery and now it is being increased to Felony Battery or Aggravated Battery? How did you find out the State is now charging you with a Felony?

How did you waive your speedy trial after you were arrested? Did you appear in court at an arraignment? Did you have an attorney? Do you now have a new arraignment date?

I would strongly recommend that you consider retaining a criminal defense attorney to help you through this. My offices are located here in Miami and I my practice is devoted exclusively to criminal law. Feel free to contact me.

Best of luck.

The above is not intended as legal advice. The response does not constitute the creation of an attorney client relationship as this forum does not provide for a confidential communication.

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Thank you so much. I have added some additional comments.

Anthony Rubino

Anthony Rubino


On a Misdemeanor charge, the State would have to bring charges against you within one year. This would be 90 days if there were no waiver of speedy trial. The State may be filing Felony charges which would have a longer Statute of Limitations to circumvent this problem. If this were the case, and there is no evidence of Felony Battery which would require serious bodily injury then there may be something here to explore. It definitely sounds sketchy. In Dade you would not really be able to waive your right to a speedy trial at your first appearance. Is this case from Broward? Palm Beach? Again, these are very unique circumstances and I would strongly recommend that you consider the hiring of a lawyer.


Your attorney would be in the best position to answer this question. If you cannot afford a private lawyer, make sure you secure a public defender. Good luck.

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As my colleagues previous have stated, absent more it is tough to make an informed assessment of your situation, but I will non-the-less try.

If you in fact waived speedy, it is ultimately up to the trial judge to determine whether or not too much time has passed prior to requiring a case be presented for trial. This can generally only be reversed in the instance where there has been an abuse of discretion on his or her behalf.

As was stated previous, this is definitely no slouch of a matter and you will need a criminal attorney here in Miami to assist you.

Please be advised that nothing in this posting is meant to supplement the advice of an attorney and The Law Office of Robert J. Lee, P.A. and/or Robert J. Lee has not undertaken any professional responsibility with regard to your case unless otherwise agreed. RJL is licensed to practice law in FL and MA, but no other jurisdictions. Nothing stated herein should be implied as legal advise.

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