Getting Case Dismissed Due To Speedy Trial Laws
Summary
In Florida, the Speedy Trial Rule requires prosecution to start within a certain time frame based on the type of offense. If the prosecution fails to meet this deadline, you may be able to file a motion to dismiss the charges. Consult with a legal professional for personalized advice.Full Conversation
How to get case dismissed due to speedy **** laws
Hello **** Trial. **** **** laws vary by location. They generally provide a certain time limit for prosecution to commence. If they fail to meet this deadline, the case may be dismissed. Could you please provide your location so I can give more specific information?
Florida
In Florida, the **** Trial Rule is as follows:
- Misdemeanor: Prosecution must start within 90 days of arrest.
- Felony: Prosecution must start within 175 days of arrest.
If these are not met, you can file a motion to dismiss the charges. Consult with a legal professional for personalized advice.
- Misdemeanor: Prosecution must start within 90 days of arrest.
- Felony: Prosecution must start within 175 days of arrest.
If these are not met, you can file a motion to dismiss the charges. Consult with a legal professional for personalized advice.
Was arrested on may * * and still has not been to **** nor a juror selected
It appears your case might exceed the Florida **** Trial Rule. If you were arrested for a felony, and it's been more than 175 days without a ****, you may have grounds to file a motion for dismissal. Please consult with a lawyer for personalized advice.
How do we file that. We have a public defender
Your public defender should be able to file a motion for dismissal due to violation of the **** Trial Rule. Discuss this with them and they will guide you through the process. This typically involves submitting a written motion to the court.
How successful is this?
The success of a motion for dismissal based on the **** Trial Rule can vary greatly. It heavily depends on the specifics of your case and the court's interpretation of the law. Consulting with your public defender will provide a more accurate prediction.
His public defender quit him due to conflict of interest and he has no defender right now. Has court on Wednesday the 29th buts meets his new defender on the 30th
That's a challenging situation. If he doesn't have legal representation on his court date, he should inform the judge about the situation and request an adjournment. This will give him time to meet with his new public defender. Has he informed the court about this issue?
This case has been pushed out every month since may
I understand your frustration. In this case, it's crucial that the court is informed about the absence of legal representation. Has the court been informed about the public defender's withdrawal and the appointment of a new one?
He has not. We plan to bring this to the surface on Wednesday. However we are wondering if we should file the motion beforehand
Given the complexities of your situation, it's advisable to consult with a legal professional before filing any motion. They can provide guidance based on the specifics of your case and your location. Do you have the possibility to consult with a legal professional before Wednesday?
We do not have the funds
I understand your situation. In such circumstances, you may seek legal aid or pro bono services. Florida has several organizations that provide free or low-cost legal advice. Would you like information on these services?
Yes
Here are some organizations in Florida that might be able to help:
*. Florida Rural Legal Services: Phone:(*) *-*, Website: www.frls.org
*. Bay Area Legal Services: Phone:(*) *-*, Website: www.bals.org
*. Legal Aid Society of the Orange County Bar Association: Phone:(*) *-*, Website: www.legalaidocba.org
Please reach out to them for assistance.
*. Florida Rural Legal Services: Phone:(*) *-*, Website: www.frls.org
*. Bay Area Legal Services: Phone:(*) *-*, Website: www.bals.org
*. Legal Aid Society of the Orange County Bar Association: Phone:(*) *-*, Website: www.legalaidocba.org
Please reach out to them for assistance.
Thank you
You're welcome! If you have any more questions or need further assistance, feel free to ask. Good luck with everything.
Can he still use the right to a speedy **** in hopes of getting in thrown out?
Yes, using the right to a speedy **** can be a defense strategy. If more than 175 days have passed since the arrest for a felony in Florida, a motion for dismissal due to violation of the **** Trial Rule can be filed. It's advisable to consult with a legal professional on this.
Thank you
You're welcome! If you have any other queries or require further assistance, don't hesitate to ask. Wishing you the best with your situation.