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

Jupiter, FL |
Attorney answers 6

Best Answer
Posted

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.

Posted

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

Asker

Posted

Thankyou for answering Mr.Hornsby. Can you explain what a delayed trial means according to the courts system??

Posted

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.

Asker

Posted

Wow. I thought prosecutors would favor a speedy trial. Given that dragging a case on & filing continuances would piss everyone off. Why would getting a case over as fast as possible specifically speaking of a (misdemeanor) case piss off a prosecutor, even though to my knowledge it would make room for prosecuting more serious offenses?

Tracey Lyn Sticco

Tracey Lyn Sticco

Posted

Because often times, the prosecutor is not prepared for trial. S/he may encounter difficulty locating necessary witnesses, coordinating witness schedules, and/or obtaining lab results.

Craig A. Epifanio

Craig A. Epifanio

Posted

Prosecutors don't like a defendant forcing their hand and by not waiving your speedy trial rights, the prosecutor is forced to put you in some control, when in fact they don't like to lose control, even if a speedy trial would help them. Ms. Sticco, a great former prosecutor and presently practicing criminal defense would probably agree.

Tracey Lyn Sticco

Tracey Lyn Sticco

Posted

I agree 100%.

Posted

I recommend Sean McQuaid: (727) 381-2300

Asker

Posted

Many lawyers agree, he must be good, I'll contact him. Thankyou Ms. Hunter :)

Posted

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.

Asker

Posted

Thank you Ms. Sampaio for answering, I just want this thing to be over & done with as it is inhibiting my life right now, I cant do many things with this pending case & its making me very depressed.

Posted

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.

Asker

Posted

Thank you Mr. Regan, I was about to choose your answer as the best. I totally agree with you. These questions must be answered in order to figure it if a speedy trial is competent for the case.

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