How Fast is a “Speedy Trial” in Florida? Should I Waive That Right?

The right to a speedy trial stands as one of the most fundamental protections in the American criminal justice system. Enshrined in the Sixth Amendment to the United States Constitution, this right guarantees that defendants won't languish in jail indefinitely while awaiting their day in court. In Florida, as our Fort Lauderdale criminal defense lawyers can explain, this constitutional guarantee is further reinforced by specific state laws and rules of criminal procedure that put concrete timelines on what "speedy" actually means.

But as with many legal rights, the decision to invoke or waive your right to a speedy trial isn't always straightforward. This important decision can significantly impact the outcome of your case, and should be made carefully with the guidance of an experienced Florida criminal defense attorney.

The Sixth Amendment to the U.S. Constitution states: "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial..." This right was considered so fundamental by the Founding Fathers that it was included in the original Bill of Rights.

The U.S. Supreme Court has consistently upheld the importance of this right, notably in the landmark case Barker v. Wingo (1972), which established a four-part balancing test to determine if a defendant's speedy trial rights have been violated:

1. Length of the delay
2. Reason for the delay
3. Whether the defendant asserted their right to a speedy trial
4. Whether the delay prejudiced the defendant's case

Florida law provides even more specific protections through Rule 3.191 of the Florida Rules of Criminal Procedure. Under these rules, the state must bring a defendant to trial within:

• 175 days for felony charges
• 90 days for misdemeanor charges

These time periods generally begin running from the date of arrest or when the defendant is served with a notice to appear.

Florida's speedy trial rule provides two distinct mechanisms:

This is the standard time frame (175 days for felonies, 90 days for misdemeanors) that applies automatically without any action required by the defendant. If the state fails to bring the case to trial within this period, the defendant can file a "Notice of Expiration of Speedy Trial Time." Once filed, the court must hold a hearing within 5 days. If no exception applies, the trial must commence within 10 days after the hearing.

A defendant can also file a "Demand for Speedy Trial," which accelerates the process. Once properly filed, the trial must be held within 60 days. However, this is a strategic move that should only be made after careful consideration with your attorney, as it can have significant consequences for your defense preparation.

There are several situations where demanding a speedy trial might be advantageous. Among these:

If you have clear evidence supporting your innocence that is unlikely to improve with time, moving forward quickly may be beneficial.

If key defense witnesses might become unavailable over time (due to relocation, health issues, or fading memories), proceeding promptly could preserve valuable testimony.

If you're being held in jail while awaiting trial and unable to post bail, the speedy trial rule can help limit the time spent in pretrial detention.

In straightforward cases with limited evidence or legal issues, there may be less benefit to delaying the proceedings.

If the prosecution appears unprepared or their evidence gathering is incomplete, pressing for a quick trial might prevent them from strengthening their case.

Despite the advantages of a speedy trial in some situations, there are many circumstances where waiving this right is the more strategic choice. Consider these situations: 

Complex cases often require thorough investigation by criminal defense lawyer teams. This can include locating witnesses, consulting expert witnesses, and analyzing evidence. Rushing to trial might mean going to court before your defense is fully prepared.

Your attorney may need additional time to review the evidence the prosecution has provided, file motions to suppress certain evidence, or conduct depositions of state witnesses.

Productive plea negotiations often take time. Waiving speedy trial rights can create space for these discussions, potentially resulting in reduced charges or favorable sentencing recommendations.

Cases involving complex legal issues, multiple defendants, or technical evidence (such as digital forensics, DNA analysis, or financial records) typically benefit from additional preparation time.

In some cases, particularly those with emotional elements or media attention, allowing time to pass can reduce public attention and potentially soften the prosecution's stance.

Sometimes key defense witnesses or evidence may not be immediately available but could become accessible with additional time.

Over time, prosecution witnesses may become less cooperative, their memories may fade, or they may become unavailable – all potentially beneficial to the defense.

Waiving your speedy trial right in Florida typically happens in one of three ways:

1. Express Waiver: You can explicitly waive the right in court or through a written waiver filed with the court.
2. Defense Continuance: When your defense attorney requests a continuance (postponement) of trial dates, this generally acts as a waiver of the speedy trial time for the period of the continuance.
3. Joint Continuance: When both the defense and prosecution agree to continue the case.

Before deciding whether to demand or waive your speedy trial rights, consider:

An honest assessment of the evidence against you is crucial. If the prosecution's case has significant weaknesses that aren't likely to be remedied with time, pushing for a speedy trial might be advantageous.

If you're being held in jail because you cannot afford bail, the hardship of continued detention might outweigh the potential benefits of waiving your speedy trial right.

If your defense requires expert witnesses, extensive investigation, or complex legal motions, waiving speedy trial rights is often necessary to prepare adequately.

Most importantly, trust your Fort Lauderdale criminal defense lawyer’s guidance. They understand the specific circumstances of your case and how local courts and prosecutors operate.

• May limit time for thorough defense preparation.
• Could force the prosecution to trial before they're fully prepared.
• Eliminates the possibility of case dismissal due to speedy trial violations.
• May demonstrate confidence in your innocence to prosecutors.
• Reduces uncertainty and potentially resolves your case more quickly.

• Provides more time for defense investigation and preparation.
• Allows for more extensive pretrial motions.
• Creates opportunity for more thorough plea negotiations.
• May allow beneficial witness or evidence developments.
• Could lead to case weakening or dismissal due to lost evidence or witnesses.

The decision to exercise or waive your speedy trial right in Florida should never be made lightly or without qualified legal counsel. While the constitutional and statutory right to a speedy trial provides important protections against indefinite detention and prolonged uncertainty, strategic considerations often make waiving this right the wiser course of action.

At The Ansara Law Firm, our experienced Fort Lauderdale criminal defense attorneys carefully evaluate each case's unique circumstances to determine whether demanding or waiving speedy trial rights best serves our clients' interests. We consider all factors—from the strength of evidence to detention status to defense preparation needs—before making this crucial recommendation.

If you have been arrested in Broward County, call The Ansara Law Firm in Fort Lauderdale today for your free initial consultation at (954) 761-4011.