Your Right to a Speedy Trial in Fort Lauderdale

Many Americans have never heard of the “right to a speedy trial.” However, this could prove to be an important factor in your upcoming criminal case in Fort Lauderdale. The criminal justice system is overwhelmed in Florida, and this is leading to serious delays in trial scheduling. Therefore, your right to a speedy trial is more important – and more relevant – than ever before. Can you really escape charges if your trial takes too long to occur? How much time needs to pass before your Sixth Amendment rights are violated? You can ask these questions during your first consultation with a criminal defense attorney in Fort Lauderdale.

How Bad Are Court Delays? 

Florida is struggling with an overwhelmed criminal justice system – just like virtually every other state in the nation. There are reports of “dangerously overworked” public defenders, death row inmates who outlive the judges who sentence them, and dismissed efforts to consolidate criminal courts in Florida. This all makes delayed hearings and trials more likely.

How Long Should It Take to Get a Trial in Florida?

 According to the Florida Supreme Court, there are specific “time standards” to determine whether your right to a speedy trial has been violated. In the case of a felony criminal case, the “reasonable time period for completion” is 180 days. This time period spans from the initial arrest to the final disposition. In the case of a misdemeanor, the reasonable time period is just 90 days from arrest to final disposition.

These time frames are somewhat flexible though depending on how you proceed with defending your case.  Regardless, a good lawyer working within the rules will tell you that you can file a written demand for a speedy trial.  If this demand is accepted, the court may need to give you a trial within just 50 days.

What Happens if I Don’t Get a Speedy Trial in Florida? 

If you do not get a trial within a reasonable time period, the court may be forced to dismiss your charges, and you cannot face further legal action for the same crime ever again.

What Is the Sixth Amendment in Florida?

 The Sixth Amendment to the United States Constitution gives you the right to a speedy trial, although it also offers you many other benefits. Along with being speedy, your trial must also be public. You have the right to an “impartial jury,” and your trial must be conducted in the same district of your alleged offense. Furthermore, the court must inform you of the accusations laid against you. Any witnesses who wish to testify against you cannot do so in secret, and they must come forward and identify themselves to the court.

Find an Experienced Criminal Defense Lawyer in Fort Lauderdale 

While the Sixth Amendment may not help in every criminal case, it is certainly something worth considering. The only way to determine whether or not this might be helpful is to raise the issue alongside your criminal defense lawyer in Fort Lauderdale. To discuss potential defense strategies in more detail, contact Haber Blank, Attorneys at Law. We’ll help you pursue positive outcomes.

Source:

supremecourt.flcourts.gov/content/download/326869/file/04-854_FullPage.pdf