If you are involved in a car accident in Florida, you could face criminal charges. If this is the case, then you should be aware of your rights. One of those rights that we at Frank P. Bianco work to uphold is your right to a speedy trial. This right is guaranteed to you under the law.
In Florida, the law states that your case should go to trial within 90 days if it is for a misdemeanor charge and within 180 days if it is for a felony charge. You should be aware that you can waive this right, but if you do so, you are not guaranteed to have your trial within these time limits. If do not waive your right, the court must hear your case within the time limit or you can ask for your case to be thrown out. Do note that the there is a 15-day “grace period” after the time limit has been reached where the court can still hear your case and your right to a speedy trial will not be considered violated.
The American Bar Association provides further details about your speedy trial rights. In general, the time limit as provided under the law will begin when you have your first court date. If there is a mistrial in your case, a new time limit begins for any new case brought against you. The time limit may also be altered due to other things happening in your case. For example, if you must undergo a psychological evaluation by the court, the time taken to do this will not count towards the 90 or 180-day limit. To learn more, please visit our website.