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My sounding/trial date is 94/107 days from arrest in a misdemeanor, how to attack right to speedy trial?

Orlando, FL |

I just got my trial dates and was wondering how best to take advantage of right to a speedy trial. My pre trial hearing date is 94 days from arrest and the actual trial is 107 days from arrest. This is a misdemeanor case and I have yet to subpoena witnesses as I just got the dates today. All discovery has been done and currently we are about 82 days from date of arrest.
Thank you for your thoughts and time.

So I have all the info the state has on my case and ready for trial. I believe the arresting officer in the DUI case is going to be called in by the state anyway (only good part is no one can testify that they saw me driving the car) so I don't really have any witnesses to help my case. So I am going to file the expiration on day 90 and hopefully that will put me in good position plea bargain wise at the hearing. I wonder on avg how often the state gets messes up and speedy ends up helping the defandant. Also does filing any motions to suppress evidence effect the clock on this.

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Attorney answers 6


What does "all discovery has been done" mean? Do you have an attorney? Who is doing discovery and what was done? What is your charge?


Discuss your case with your attorney. They will know the process for enforcing your speedy trial right. Subpoenas should be sent ASAP. However you should know at day 90 you file a notice of expiration, and a hearing will be set, and at the hearing a trial date will be set within ten days, for a total of this 105. Also to satisfy speedy, the venire must be sworn in, that is it, the entire trial is not required to be complete in 105 days. Also, if speedy is waived, you can only file a demand for speedy trial, in which the time period is 60 days from filing.


Talk to your lawyer about filing a demand for speedy if you want a trial within the speedy time frame. If you are not ready for trial than waive speedy and continue the case so you and your lawyer can adequately prepare.

For more information or to set up a free consultation contact the Law Office of Corey Cohen at 407-246-0066 or visit our website at Twitter @cohenlawyer


It is very important for you to discuss your case and concerns with your attorney ASAP since he or she knows your case better than an outside attorney.


After 90 days from the date of arrest if your case has not gone to trial you will need to file a "Notice of Expiration of Speedy Trial Time." No later than 5 days from the date of the filing of a notice of expiration of speedy trial time, the court shall hold a hearing on the notice and, unless the court finds that a continuance was sought by the defendant, shall order that the defendant be brought to trial within 10 days.
It is not an automatic discharge that the time for speedy trial has run, you still have to invoke the rule.


Careful! Invoking your right to a speedy trial can be a double-edged sword. Basically, you are telling the court you are ready to go, this instant, for trial. If you don't plan to call any witnesses, or have your witnesses properly subpoenaed and available, you might catch the State on the back foot. If you aren't ready to face a jury almost immediately, however, the demand can backfire. Judges will literally put everything on hold to get the case heard, and may then be deaf to any please to the bench. If you are planning to use this is a tactic to force the State into a better plea offer, some State Attorneys will revoke all offers once the demand is in. Before you file, generally you should know the State's key witnesses are unavailable, or you should be sure you actually do want a trial in front of a jury of your peers.

For more information or to set up a free consultation contact the Witt Law at 407-205-WITT (9488). This answer does not, nor is it intended to, create an attorney-client relationship. It is offered for informational purposes only. Please consult with a licensed attorney before making any legal decisions.

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