When you are under arrest for criminal charges, the first thing you seek is legal help. Apart from preparing your defense, a criminal lawyer would also help you preserve and exercise the rights you have, for example, the right to speedy trial. The US Constitution (Sixth Amendment) provides this right to individuals facing criminal charges.
Florida laws also have specifications regarding the right to a speedy trial in a criminal case. The prosecution needs to file charges and initiate trial proceedings within a certain period after the arrest of an individual. For a misdemeanor, the time limit is 90 days and for a felony, it is 175 days.
Is it always a good idea to utilize this right? The answer is – it depends on the circumstances of the case. Let your Miami criminal lawyer examine and analyze every detail of the case and help you determine whether to use this right or not. Sometimes, you may need to waiver this right to prepare the defense better.
When the period runs out, your lawyer needs to file a ‘Notice’ regarding the expiration of the speedy trial period. This implies that the court and the prosecutor have 5 days to hold a speedy trial hearing. At this hearing, the court must set a date for the trial to begin. The time provided for this is 10 days.