Understanding Your Constitutional Right to a Speedy Trial Florida

The 6th Amendment to the United States Constitution holds that “(i)n all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial.” It also holds that:

• The jury shall be an impartial jury of the State and district where the crime was committed;
• The accused will be informed of the nature and cause of the accusation(s) made against them;
• The accused has the right to be confronted with the witnesses against them;
• The accused has the right to obtain witnesses in their favor; and
• The accused has the right to have an attorney represent them in their defense. 

The right to a speedy trial is considered to be fundamental to anyone accused of a crime, and it exists to prevent accused persons from being incarcerated for a crime they may not even be guilty of. Most states also have statutes that provide their citizens the same right to a speedy trial, although how it is enforced may vary by jurisdiction.

At Rodriguez & Williamson, PLLC, we provide solid criminal defense. If you are facing criminal charges, having competent legal representation on your side is essential. Call 813-320-3500 or contact us online to schedule a Free.

What Factors Do Florida Courts Consider to Grant a Speedy Trial Florida?

While the Constitution is clear that the accused has a right to a “speedy” trial, it does not clarify what speedy means. There are some criteria most courts will consider when deciding whether or not the accused's right to a speedy trial Florida has been violated. These include:

• How long the trial was delayed
• The reason the trial was delayed
• Whether or not the delay compromised the accused's defense
• Whether or not the accused has asserted their right to a speedy trial

Individual states may have more concrete benchmarks for determining whether or not an accused's right to a speedy trial has been violated. 

How a Defense Attorney in Florida Uses Speedy Trial to Your Advantage

It may be in a defendant's best interest to press the prosecution to proceed with the trial when defense counsel does not feel the prosecution will be ready to proceed. Often, state counsel is overworked and underfunded. This can cause them to have challenges getting ready to proceed to trial. Although, insisting that the state proceed quickly can backfire if the defense is not ready to proceed. Speak with an experienced attorney for the best approach in your situation. 

The Risks of a Speedy Trial Florida

While the right to a speedy trial is guaranteed in the United States Constitution, it may be in the best interest of a defendant to waive that right. In many cases, the defense needs additional time to prepare their case so that the defendant has the best defense possible. Reasons a defendant may want their trial delayed are:

• To have time to find witnesses
• To have time to gather evidence
• To conduct depositions
• To conduct discovery

Whether or not it is in a defendant's best interest to waive the right to a speedy trial is an issue best addressed by defense counsel. 

Consequences of Speedy Trial Violations in Florida

A defendant's right to a speedy trial may be violated in a number of different ways, including when the trial is intentionally delayed. Also, when the delay is negligent rather than intentional but extensive in length. Either way, when a defendant can prove that their right to a speedy trial has been violated, it may cause their conviction to be overturned or their indictment dismissed.

To ensure you move through the criminal justice system fairly, you should retain counsel as soon as possible. Contact us to schedule a free consultation.

How to Make the Most of Your Rights to a Speedy Trial Under the Constitution in Florida

The accused have the right to a public and speedy trial, according to the 6th Amendment of the United States Constitution, which states that "(i)n all criminal prosecutions, the accused shall enjoy the right to a speedy trial." Furthermore, this also means that:

The accused will be informed of the nature and cause of the accusation(s) made against them; The accused has the right to be confronted with the witnesses against them; The accused has the right to obtain witnesses in their favor; The accused has the right to have an attorney represent them in their defense; The jury will be an impartial jury from the state and district where the crime was committed; The accused will have the right to be informed of the nature and cause of the accusation(s) made against them; The accused will have the right.

The right to a speedy trial is regarded as a fundamental right for anyone who has been accused of committing a crime, and it was established so that individuals who have been charged with a crime would not be incarcerated for a crime for which it is possible that they are not even guilty. Although how it is enforced can vary from jurisdiction to jurisdiction, most states have enacted statutes guarantee their citizens the same right to a speedy trial.

If you are being charged with a crime, it is imperative that you have capable, legal representation on your side. 

To Determine Whether or Not to Accelerate a Trial, the Courts in Florida Consider the Following Factors:

Although it is abundantly clear that an accused person has a right to a "speedy" trial, the Constitution does not define what "speedy" exactly entails. When determining whether or not an accused person's right to a speedy trial has been violated, the vast majority of courts will base their decision on a set of criteria. These are the following:

• How much longer would the trial be postponed?
• The cause for the postponement of the trial
• Regardless of whether or not the delay put the accused's defense in jeopardy,
• Regardless of whether or not the accused party has exercised their right to a prompt trial,

The ability to determine whether or not an accused person's right to a speedy trial has been violated varies from state to state, with each state having more specific benchmarks.

The Repercussions of Not Complying with the Terms of a Speedy Trial Florida

A defendant's right to a speedy trial can be violated in various ways, one of which is when the prosecution is purposefully delayed longer than it should have been. In addition, when the delay results from carelessness rather than deliberate action but is nonetheless very long. When a defendant can demonstrate that their right to a speedy trial has been violated, it may result in overturning their conviction or dismissing their indictment, depending on the circumstances.  Speaking with an experienced attorney may result in a more favorable outcome if hired shortly after an arrest.