Understanding the Right to a Speedy Trial in a Criminal Case

Getting a lawyer for help when you are facing criminal charges is imperative. The protection of your legal rights is dependant on your awareness of these. Only a legal practitioner has this awareness, and therefore, can help you in this. One important right of the defendant in a criminal case is the right to a speedy trial.

Apart from the Sixth Amendment to the US Constitution, each state has rules regarding this right. As per the Florida Rules of Criminal Procedure (Rule 3.191), any individual facing criminal charges, and in custody, has the right to trial within a specific period.

For a misdemeanor charge, this period is 90 days
For a felony charge, this period is 175 days

From when does this period start? This starts from the date the defendant is taken into custody, i.e. arrested, and not from the date of the filing of charges.

The right to a speedy trial ensures that an individual does not have to wait for years in custody for a trial to take place. Moreover, it also ensures no loss of evidence or witnesses, an essential for a fair decision. Delaying the trial may lead to prejudice on the defendant, hampering the justice.

You can also speed up this set period by filing the Demand for Speedy Trial pleading. If your Miami lawyer is ready with the defense, this may come in handy. Filing this would mean that the court needs to set a date for a hearing of this pleading within 5 days and a date for a trial within 45 days.

At times, your lawyer may also advice you to waive this right. This may be necessary if your criminal lawyer needs more time to prepare your defense. Your lawyer and the prosecutor may also come to an agreement regarding the matter. Sometimes, the court orders extension for practical reasons, e.g. time needed to ensure presence of a witness.

What do you do when the period for trial runs out? This does not discharge you automatically. Your lawyer needs to file the Notice of Expiration of Speedy Trial Time pleading at this situation. This gives the court a 15-day period to set a hearing on this, and set a date for trial within 15 days. If this fails, you may move to get it discharged.

A competent criminal lawyer knows how to protect and use your right to a speedy trial in a specific situation. Consult him/her for this to get the advantage in this regard.

Dave Watson, a legal consultant, offers practical tips for people trying to find legal solutions regarding criminal laws. If you were looking for a Miami Lawyer, he suggests you to visit http://www.miami-criminal-lawyer.net/ .