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What are the PROS & CONS of choosing or not choosing the RIGHT TO A SPEEDY TRIAL in FL????

Jupiter, FL |

what are the PROS & CONS of choosing or not choosing the RIGHT TO A SPEEDY TRIAL in FL????

Attorney Answers 6


  1. Best answer

    When you file a Demand for Speedy Trial, you are representing to the court that you are genuinely prepared for trial without the need for further discovery from the State. In some cases, if, for example the prosecutor is awaiting lab results, this may bode well for you if the State is not able to obtain the results in time for trial. On the other hand, if, for example, you were to learn of a last-minute witness crucial to your defense, the judge may exclude his or her testimony based on unfair prejudice to the State. In addition, prosecutors will generally cease any and all negotiations once a Demand is filed. Short story: it's extremely risky. Speak with an experienced attorney to review the particular facts of your case and better advise you as to whether demanding speedy is truly in your best interest.


  2. Pro: You get a speedy trial. Con: You get a delayed trial.


  3. Mr. Hornsby is correct and put it very succinctly. Every case is different because you are dealing with different judges and different prosecutors. Some prosecutors may "punish" you for exercising your rights. On the other hand with your attorney by your side you shouldn't be intimidated by prosecutor threats if your attorney feels that using speedy trial would be to your advantage.


  4. The pros and cons will depend on the specifics of your case. This is a decision that can be very strategic and I highly suggest you speak to an attorney before waiving your right to a speedy trial.


  5. There is no confidentiality online. The accused is presumed innocent until proven guilty beyond reasonable doubt.

    For an accurate answer more variables need to be known, and it requires greater specificity on your part:

    Do you mean declaring READY for trial and NOT WAIVING your right to a speedy trial?
    What was the date of arrest?
    Felony or Misdemeanor?
    Is all the evidence discovery done?
    Are all the subpoena's issued?
    When was ready for trial announced?

    Do you mean DEMAND a speedy trial?
    Are all the defense witnesses listed?
    Is all the evidence discovery done?
    Does the state know where all of their witnesses are?
    Is there some potentially damaging, inculpatory evidence still at the lab and not processed because of backlog?

    To give an accurate answer all of those answers must be answered. The best person to ask is your attorney. If you do not have an attorney, or you cannot find a local attorney on Avvo, a good place to look is the website for the National Association of Criminal Defense Lawyers (NACDL.org) or the Florida Association of Criminal Defense Attorneys (FACDL.org).
    Speak to several attorneys and hire the one that makes you feel confident and comfortable.
    NACDL local members: (http://tinyurl.com/8ru8wtv)
    NACDL local affiliates: (http://tinyurl.com/8akw2gd)
    FACDL find a lawyer: (http://facdl.org)

    Educational purposes answer. | FACDL.org | NACDL.org | Defendme.net | twitter.com/JReganLLM | Non-privileged answer.

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