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.
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