June 16, 2023
The right to a speedy trial is guaranteed by the Sixth Amendment and Article I, Section 16 of the Florida Constitution.
In most cases the trial must commence within 90 days from arrest if the defendant is in custody, or within 175 days if the defendant is not in custody. A written demand can trigger the clock.
Some time is excluded — delays caused by the defendant, competency evaluations, or continuances. Courts look at the length of delay, the reasons, whether the right was asserted, and prejudice.
A violation may support dismissal or other remedies, but not every violation automatically ends the case. Contact this office to protect those rights. This is general information, not legal advice.
Schedule a Free Consultation