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.
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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