The Florida Supreme Court has significantly revised the state’s Speedy Trial Rule (Rule 3.191), set to take effect July 1, 2025. These changes could dramatically affect how quickly criminal cases move through the courts and what happens if the state delays prosecution.
If you’re facing criminal charges in Florida, it’s critical to understand how these updates could impact your case. At the Law Office of Christopher G. Frey, we stay on top of legal developments to give our clients the most vigorous defense possible.
Why the Speedy Trial Rule Matters
The Speedy Trial Rule ensures that defendants aren’t left in legal limbo. It’s designed to prevent lengthy delays, extended incarceration, and ongoing restrictions on your freedom. These changes shift when the speedy trial clock starts, and what happens if the state misses deadlines.
Key Changes You Should Know
- New Start Date for the Clock:
- Instead of starting at arrest, the speedy trial clock now begins when formal charges are filed.
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- Misdemeanors: Trial must start within 90 days.
- Felonies: Trial must begin within 175 days.
- Demanding a Speedy Trial?
- If you file a Demand for Speedy Trial, your trial must start within 5 to 60 days (previously 5 to 45). If it doesn’t, you could be entitled to a dismissal.
- New Deadlines for Filing Charges:
- In custody: Charges must be filed within 30 days, or you must be released by day 33 (max extension to day 40).
- Out of custody: Charges must be filed within 60 days or you must be released from all pretrial conditions by day 63 (with a possible 30-day extension).
- New “Recapture” Period:
- If the state misses the trial deadline, they now get 30 more days (up from 10) to bring the case to trial once you file a Notice of Expiration. If they still don’t, your charges must be dismissed, but the state may refile charges unless your constitutional rights were violated.
- Nolle Prosequi Loophole:
- The rule no longer blocks the state from dismissing and refiling charges to avoid deadlines. Working with an experienced attorney who can protect your rights makes it even more critical.
What This Means for You
These changes offer risks and opportunities for anyone charged with a crime in Florida. The state faces tighter deadlines to file charges, but also gains more flexibility if they miss trial dates. Understanding and enforcing your right to a speedy trial is more important than ever.
With over 30 years of experience, Christopher G. Frey has a proven track record of defending the rights of Florida residents. Call him at (813) 222-8210 for professional and dedicated representation to get the help you need today.
The information provided on this page is for informational purposes only and does not constitute legal advice or create an attorney-client relationship. Please contact a licensed bankruptcy attorney to determine your bankruptcy eligibility options.