Skip to main content

How long can the state prolong a trial if the defendant has asked for a speedy trial?

Miami, FL |
Attorney answers 3


If you filed a "Demand for Speedy Trial" the state has 60 days to bring you to trial.


They basically must try the case within 175 days, when there is no waiver of speedy trial.

R. Jason de Groot, Esq.,


There are some exceptions, but generally a defendant has the right to demand a trial within 60 days by filing a Demand for Speedy Trial and serving a copy of it on the prosecutor. The court is supposed to hold a "calendar call" within 5 days of the filing of a DST, and then set the trial between 5 & 45 days. Again, there are exceptions. A defendant who demands a speedy trial is basically saying he/she has diligently investigated the case and is prepared for trial. I've seen many defendants file a DST on their own, only to realize they truly are NOT ready for trial. Often times, delays in going to trial actually benefit the accused (memories fade, witnesses lose interest, bigger & better stories hit the news, etc.)

The comments herein do not establish an attorney/client relationship.