What Is the Florida Statute on a Speedy Trial Within Ten Days?
Florida does not have a 10-day speedy trial requirement, but has a 10-day recapture period for cases which have passed the applicable speedy trial window. Florida places speedy trial limitations in both criminal and civil cases. In criminal cases, the speedy trial limits are based upon the severity of the case, and can be stopped or suspended based on a variety of factors.
Other People Are Reading
-
Speedy Trial
-
According to Rule 3.191 of the Florida Rules of Criminal Procedure, the speedy trial limit for a misdemeanor is 90 days and 175 days for a felony.
Window of Recapture
-
The Florida Supreme Court amended the state's criminal speedy trial in the 1980s to allow the state a short window of recapture when the state misses the time limit for prosecution. Where the state has allowed the speedy trial window to expire, it is granted a total of fifteen days on the window of recapture. Once a defendant's speedy trial window has expired, he must file a "Notice of Expiration of the Speedy Trial Period" with the prosecutor, who must then hold a speedy trial hearing within five business days. At the hearing the state must schedule trial to occur within 10 days pursuant to Section 3.191(p)(3) of the Florida Rule of Criminal Procedure.
-
Extensions
-
Pursuant to Section 3.191, a defendant is free to waive his right to a speedy trial, which often occurs where a defendant requires additional time to prepare his defense. The court itself may extend the speedy trial limits for purposes of evaluation of a defendant, or for DNA testing.
Elderly Parties and Juveniles
-
In a civil action where a party is aged 65 or older, she may petition the court to advance the trial date on the court's docket, pursuant to Section 415.1115 of the Florida Statutes. The request for trial to advance may be filed alongside the initial complaint, or at any time afterwards.
A child must be brought to hearing within 90 days commencement of action, Pursuant to Section 8.090 of the Florida Rules of Juvenile Procedure. The State is granted a 15 day window of recapture in Section 8.090(j)(3)
-
.
-
References
- Photo Credit Jupiterimages/liquidlibrary/Getty Images
