If you have been accused of a crime in either federal court or state court in Florida, you have the right to a speedy trial. This right is a fundamental one that has its basis in the United States Constitution. You can decide whether to enforce or waive this right, depending on the circumstances of your case. An Orlando criminal defense attorney at the Alers Law Firm can help you decide whether you want to be brought to trial more quickly, or you need more time to mount a vigorous criminal defense.
You need immediate legal representation if you find yourself in the criminal justice system. Call the experienced criminal defense lawyers at The Alers Law Firm to schedule a free initial consultation. We will provide you with determined legal representation in a non-judgmental manner because we believe that everyone deserves a strong defense.
A Speedy Trial Is Your Constitutional Right
Under the Sixth Amendment to the United States Constitution, as an accused person, you have a legal right to a speedy trial. There are federal rights to a speedy trial, as expressed by the Speedy Trial Act of 1974, and a trial must begin within 70 days of the indictment or the defendant’s first appearance, which ever comes later.. In Florida, the rights to a speedy trial are dictated by Florida Rule of Criminal Procedure 3.191. This rule states that you must be brought to trial within 90 days for a misdemeanor and 175 days for a felony. This is a right that you have, and it is possible for you to either enforce or waive your rights. There are reasons on both sides of the equation about whether you should seek a speedy trial.
Reasons to Seek a Speedy Trial
There are various explanations for why you would want to seek a speedy trial in your case, and they can include:
- Witnesses Have Better Memories: Your witnesses may have sharper memory, as less time has passed since the alleged events (although the same thing would apply to the prosecution’s witnesses)
- There Is Less Stress: You may be going through a tremendous amount of anxiety when your rights and freedom are on the line, thus reducing uncertainty.
- You May Not Be Held in Custody: The judge may have denied bail, or you could be subject to a number of restrictions when you are on supervised release, and a successful trial after seeking speedy trial could resolve your situation more quickly, potentially lifting those restrictions sooner
- You Are Promising That Your Case is Ready for Trial: If you have asserted your right to a speedy trial, and the prosecution indicates that they will be ready on the day of the trial, you may not be able to get a continuance from the judge.
- The State May Not Be Ready: The prosecutor has many cases on their docket, and they may not be ready to make an effective case against you on the day of the trial.
Reasons to Not Seek a Speedy Trial
On the flip side, you may not want to rush to have a trial. Even though the judge may have the trial date scheduled within a time frame that meets Florida’s rules, your criminal defense lawyer could seek a continuance to delay the start of the trial or waive your right. Some drawbacks to a speedy trial include:
- Lack of Preparation Time: Your criminal defense attorney may need more time to prepare for your own defense.
- Lack of Negotiation Time: You may need more time to negotiate a plea bargain with the prosecutor should you choose not to fight the charges against you.
- LimitedTimeto Review l Evidence: The prosecution must turn over all of the evidence that it intends to use in their case against you, and your criminal defense attorney must have time to review and challenge it if necessary.
- Difficulty Lining Up Expert Witnesses: Your criminal defense attorney may work with various expert witnesses, and they would need time to review the facts of your case to give their own opinion.
- Backlogs in Evidence Laboratories: Your attorney may want to work with a forensic lab to analyze and develop your own evidence, and they may not be able to test and process it in time.
Your criminal defense attorney would review the facts and circumstances of your situation to give you their professional advice about whether you should seek a speedy trial. This determination may be something that is based on your criminal defense lawyer’s experience, knowledge of your case and experience with the individual prosecutor involved.
Contact a Florida Criminal Defense Lawyer Today
Schedule a free initial consultation with a criminal defense lawyer at the Alers Law Firm today. Our criminal defense attorneys are standing by and ready to speak with you at all times. You can schedule a free initial consultation by visiting our website or by calling us today at (407) 930-4888.
Attorney Chavelys Y. Alers was born and raised in Puerto Rico. She specifically grew up in the towns of Vega Baja and Dorado. Attorney Alers is bilingual, as she is fluent in both English and Spanish. Two decades ago, Attorney Alers migrated from Puerto Rico to the mainland United States, Central Florida. Learn more here.
