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I was arrested for a crime in 2014, and still not brought to trial, my right to speedy was waived to get prepared but now
Anonymous8 views6 answers
the case keeps getting continued and continued, so how does the demand for speedy work, can we re-activate it, and if we re-activate it how long does the state have to bring me to trial, it is a felony case and i do not have an attorney but looking and getting finances together, ihave been working and saved up 2k for a downparyment. i want to put pressure on the state for them to do it or get off the pot, does this put pressue on the state?
Elton J. Gissendanner IIICriminal Defense AttorneySebring, FL ·
Generally speaking, the State has 180 days to bring a felony to trial after arrest but there are exceptions. For instance, you can waive this right which removes the 180 day requirement so that your attorney can properly investigate the case or conduct depositions. Or, the State may be looking at DNA evidence and this may cause a temporarily extension of the 180 days. However, at any time you can demand speedy trial and the State has 60 days to bring you to trial. If you do this, you are telling the Judge you are ready for trial and there is no more pretrial discovery to do. Every case is unique and demanding a speedy trial is often a double-edged sword. You really need to hire an attorney and make this strategic decision to exercising your right to a speedy trial after seriously considering whether or not you are ready for trial or even want for trial.
Demanding speedy trial tells the court you are 100% ready to go. You will not get to participate in any additional discovery or deposition of potential witnesses. You will go to trial right away. The attorneys working for the State can most likely handle something like that. You should SERIOUSLY hire an attorney before considering something like that. It may not be advisable for you to put pressure on the State. That is something for an attorney to discuss with you. Use to find someone in your area that practices criminal law. I hope this was helpful. Good luck
You can always withdraw your waiver of speedy trial time, but you should not do so until you get a lawyer. If you do so, you will put pressure on the state. They will get ready and be prepared to go to trial. Are you going to be prepared to go to trial without a lawyer? By you withdrawing your waiver, you are stating that you are ready for trial. If you tell the judge that you are still looking for an attorney for trial then you are not ready and the judge may not allow you to withdraw your waiver until then.
When speedy trial has been waived, it can be demanded again by filing a written demand for speedy trial. Once filed, the State must bring your case to trial within 60 days. You should be cautious in filing this, however, as this tells the Court that YOU are also ready for trial, and if you end up needing a continuance for some reason, it may not be granted (for instance, if you decide after filing you want to hire an attorney, then the attorney will need more time than that to be prepared for your trial).
You should consult with an attorney regarding your specific facts, case, and situation to determine if this is the most logical route to take on your case. If you are saving for an attorney, as you mentioned, then you should hire an attorney before demanding speedy trial, and discuss this avenue with the attorney you hire.
Even though speed trial was waived, it can be reinvkoed. There is a procedure to do this. As others have said, if you do this, you are saying to the Judge that you are 100% ready for trial. This gives the State over a month to get their witnesses in place and prepare for trial.
You should hire an attorney ASAP, or if you are using the PD's office, talk with your PD quickly. Do not do this without a lawyer.
Remember that this is your future you are messing with. The State has lawyers working for them, you should as well.
Ricardo R. CoronaCriminal Defense AttorneyMiami, FL ·
An experienced criminal attorney that is very familiar with the case may use a speedy trial demand to pressure the State and as a strategy of defending the case. Like any sharp tool you can hurt yourself tremendously by trying to use what you have no business using. You should hire a competent criminal attorney to help you.