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"Serving Broward, Dade and Palm Beach County"
Attorney Edward J. Chandler has successfully represented
numerous clients in criminal cases throughout Broward, Dade and Palm
beach Counties in the State of Florida. Edward J. Chandler prides
himself on aggressive representation with a personal touch.
In addition to personally handling your case, Edward J. Chandler, Esq.
will be available to you during every step of the process. Edward J.
Chandler guarantees that you and your case will receive his undivided
attention.
Call the Law Offices of Edward J. Chandler, P.A. at (954) 788-1355 -
Your phone consultation is free and completely confidential. Florida Rules of Criminal Procedure
3.191. Speedy Trial
(a) Speedy Trial without Demand. Except as
otherwise
provided by this rule, and subject to the
limitations imposed under subdivisions (e) and (f),
every person charged with a crime shall be brought to
trial within 90 days of arrest if the crime charged is a
misdemeanor, or within 175 days of arrest if the crime
charged is a felony. If trial is not commenced within
these time periods, the defendant shall be entitled to
the appropriate remedy as set forth in subdivision (p).
The time periods established by this subdivision shall
commence when the person is taken into custody as
defined under subdivision (d). A person
charged with a
crime is entitled to the benefits of this rule whether the
person is in custody in a jail or correctional institution
of this state or a political subdivision thereof or is at
liberty on bail or recognizance
or other pretrial release
condition. This subdivision
shall cease to apply whenever
a person files a valid demand for speedy trial
under subdivision
(b).
(b) Speedy Trial upon Demand. Except as otherwise
provided by this rule, and subject to the limitations
imposed under subdivisions (e) and (g), every
person charged with a crime by indictment or information
shall have the right to demand a trial within
60 days, by filing with the court a separate pleading
entitled “Demand for Speedy Trial,” and serving a
copy on the prosecuting authority.
(1) No later than 5 days from the filing of a
demand for speedy trial, the court shall hold a calendar
call, with notice to all parties, for the express purposes
of announcing in open court receipt of the demand and
of setting the case for trial.
(2) At the calendar call the court shall set the case
for trial to commence at a date no less than 5 days nor
more than 45 days from the date of the calendar call.
(3) The failure of the court to hold a calendar call
on a demand that has been properly filed and served
shall not interrupt the running of any time periods
under this subdivision.
(4) If the defendant has not been brought to trial
within 50 days of the filing of the demand, the defendant
shall have the right to the appropriate remedy as
set forth in subdivision (p).
(c) Commencement of Trial. A person shall be
considered to have been brought to trial if the trial
commences within the time herein provided. The
trial is considered to have commenced when the trial
jury panel for that specific trial is sworn for voir dire
examination or, on waiver of a jury trial, when the trial
proceedings begin before the judge.
(d) Custody. For purposes of this rule, a person is
taken into custody (1) when the person is arrested as a
result of the conduct or criminal episode that gave rise
to the crime charged, or (2) when the person is served
with a notice to appear in lieu of physical arrest.
(e) Prisoners outside Jurisdiction. A person who
is in federal custody or incarcerated in a jail or correctional
institution outside the jurisdiction of this state or
a subdivision thereof, and who is charged with a crime
by indictment or information issued or filed under the
laws of this state, is not entitled to the benefit of this
rule until that person returns or is returned to the jurisdiction
of the court within which the Florida charge is
pending and until written notice of the person’s return
is filed with the court and served on the prosecutor.
For these persons, the time period under subdivision
(a) commences on the date the last act required under
this subdivision occurs. For these persons the time
period under subdivision (b) commences when the
demand is filed so long as the acts required under this
subdivision occur before the filing of the demand. If
the acts required under this subdivision do not precede
the filing of the demand, the demand is invalid and
shall be stricken upon motion of the prosecuting attorney.
Nothing in this rule shall affect a prisoner’s right
to speedy trial under law.
(f) Consolidation of Felony and Misdemeanor.
When a felony and a misdemeanor are consolidated
for disposition in circuit court, the misdemeanor shall
be governed by the same time period applicable to the
felony.
(g) Demand for Speedy Trial; Accused Is Bound.
A demand for speedy trial binds the accused and the
state. No demand for speedy trial shall be filed or
served unless the accused has a bona fide desire to
obtain a trial sooner than otherwise might be provided.
A demand for speedy trial shall be considered
a pleading that the accused is available for trial, has
diligently investigated the case, and is prepared or will
be prepared
for trial within 5 days. A demand filed
by an accused who has not diligently investigated the
case or who is not timely prepared for trial shall be
stricken as invalid on motion of the prosecuting attorney.
A demand may not be withdrawn
by the accused
except on order of the court, with consent of the state
or on good cause shown. Good cause for continuances
or delay on behalf of the accused thereafter shall not
include nonreadiness for trial, except as to matters
that may arise after the demand for trial is filed and
that reasonably could not have been anticipated by the
accused or counsel for the accused. A person who has
demanded speedy trial, who thereafter is not prepared
for trial, is not entitled to continuance or delay except
as provided in this rule.
(h) Notice of Expiration of Time for Speedy
Trial; When Timely. A notice of expiration of speedy
trial time shall be timely if filed and served on or after
the expiration of the periods of time for trial provided
in this rule. However, a notice of expiration of speedy
trial time filed before expiration
of the period of time
for trial is invalid and shall be stricken on motion of
the prosecuting attorney.
(i) When Time May Be Extended. The periods of
time established by this rule may be extended, provided
the period of time sought to be extended has not
expired at the time the extension was procured. An
extension may be procured by:
(1) stipulation, announced to the court or signed
in proper person or by counsel, by the party against
whom the stipulation is sought to be enforced;
(2) written or recorded order of the court on
the court’s own motion or motion by either party in
exceptional circumstances as hereafter defined in subdivision
(l);
(3) written or recorded order of the court with
good cause shown by the accused; or
(4) written or recorded order of the court for
a period of reasonable and necessary delay resulting
from proceedings including but not limited to an
examination and hearing to determine the mental competency
or physical ability of the defendant to stand
trial, for hearings on pretrial motions, for appeals by
the state, for DNA testing ordered on the defendant’s
behalf upon defendant’s motion specifying the physical
evidence to be tested pursuant to section 925.12(2),
Florida Statutes, and for trial of other pending criminal
charges against the accused.
(j) Delay and Continuances; Effect on Motion.
If trial of the accused does not commence within
the periods of time established by this rule, a pending
motion for discharge shall be granted by the court
unless it is shown that:
(1) a time extension has been ordered under subdivision
(i) and that extension has not expired;
(2) the failure to hold trial is attributable to the
accused, a codefendant in the same trial, or their
counsel;
(3) the accused was unavailable for trial under
subdivision (k); or
(4) the demand referred to in subdivision (g) is
invalid.
If the court finds that discharge is not appropriate
for reasons under subdivisions (j)(2), (3), or (4), the
pending motion for discharge shall be denied, provided,
however, that trial shall be scheduled and commence
within 90 days of a written or recorded order
of denial.
(k) Availability for Trial. A person is unavailable
for trial if the person or the person’s counsel fails
to attend a proceeding at which either’s presence is
required by these rules, or the person or counsel is
not ready for trial on the date trial is scheduled. A
person who has not been available for trial during the
term provided
for in this rule is not entitled to be discharged.
No presumption of nonavailability
attaches,
but if the state objects to discharge and presents any
evidence tending to show nonavailability,
the accused
must establish, by competent proof, availability during
the term.
(l) Exceptional Circumstances. As permitted
by subdivision (i) of this rule, the court may order an
extension of the time periods provided under this rule
when exceptional circumstances are shown to exist.
Exceptional circumstances shall not include general
congestion of the court’s docket, lack of diligent preparation,
failure to obtain available witnesses, or other
avoidable or foreseeable delays. Exceptional circumstances
are those that, as a matter of substantial justice
to the accused or the state or both, require an order by
the court. These circumstances include:
(1) unexpected illness, unexpected incapacity, or
unforeseeable and unavoidable absence of a person
whose presence or testimony is uniquely necessary for
a full and adequate trial;
(2) a showing by the state that the case is so unusual
and so complex, because of the number of defendants
or the nature of the prosecution or otherwise,
that it
is unreasonable to expect adequate investigation
or
preparation within the periods of time established
by
this rule;
(3) a showing by the state that specific evidence
or testimony is not available despite diligent efforts to
secure it, but will become available at a later time;
(4) a showing by the accused or the state of necessity
for delay grounded on developments that could not
have been anticipated and that materially will affect
the trial;
(5) a showing that a delay is necessary to accommodate
a codefendant, when there is reason not to
sever the cases to proceed promptly with trial of the
defendant; and
(6) a showing by the state that the accused has
caused major delay or disruption of preparation of proceedings,
as by preventing the attendance of witnesses
or otherwise.
(m) Effect of Mistrial; Appeal; Order of New
Trial. A person who is to be tried again or whose
trial has been delayed by an appeal by the state or
the defendant shall be brought to trial within 90 days
from the date of declaration of a mistrial by the trial
court, the date of an order by the trial court granting
a new trial, the date of an order by the trial court
granting a motion in arrest of judgment, or the date
of receipt by the trial court of a mandate, order, or
notice of whatever
form from a reviewing court that
makes possible a new trial for the defendant,
whichever
is last in time. If a defendant is not brought to
trial within the prescribed time periods, the defendant
shall be entitled to the appropriate remedy as set forth
in subdivision (p).
(n) Discharge from Crime; Effect. Discharge from
a crime under this rule shall operate to bar prosecution
of the crime charged and of all other crimes on which
trial has not commenced nor conviction
obtained nor
adjudication withheld and that were or might have been
charged as a result of the same conduct or criminal
episode as a lesser degree or lesser included offense.
(o) Nolle Prosequi; Effect. The intent and effect of
this rule shall not be avoided by the state by entering a
nolle prosequi to a crime charged and by prosecuting a
new crime grounded on the same conduct or criminal
episode or otherwise by prosecuting
new and different
charges based on the same conduct or criminal episode
whether or not the pending charge is suspended, continued,
or is the subject of entry of a nolle prosequi.
(p) Remedy for Failure to Try Defendant within
the Specified Time.
(1) No remedy shall be granted to any defendant
under this rule until the court has made the required
inquiry under subdivision (j).
(2) At any time after the expiration of the prescribed
time period, the defendant may file a separate
pleading entitled “Notice of Expiration of Speedy Trial
Time,” and serve a copy on the prosecuting authority.
(3) No later than 5 days from the date of the filing
of a notice of expiration of speedy trial time, the court
shall hold a hearing on the notice and, unless the court
finds that one of the reasons set forth in subdivision
(j)
exists, shall order that the defendant be brought to trial
within 10 days. A defendant not brought to trial within
the 10-day period through no fault of the defendant, on
motion of the defendant or the court, shall be forever
discharged from the crime.
Committee Notes
1972 Amendment. Same as prior rule. The schedule is omitted
as being unnecessary.
1977 Amendment. An appeal by the state from an order dismissing
the case constitutes an interlocutory appeal and should be
treated as such. The additional phrase removes any ambiguities in
the existing rule.
1980 Amendment.
(a)(1). Speedy Trial without Demand.
1. Prisoners in Florida institutions are now treated like any other
defendant [formerly (b)(1)].
2. Federal prisoners and prisoners outside Florida may claim the
benefit of this subdivision once special prerequisites are satisfied
under (b)(1).
3. Before a court can discharge a defendant, the court must make
complete inquiry to ensure that discharge is appropriate.
(a)(2). Speedy Trial upon Demand.
1. Trial cannot be scheduled within 5 days of the filing of the
demand without the consent of both the state and the defendant.
2. Before a court can discharge a defendant, the court must make
complete inquiry to ensure that discharge is appropriate.
3. Prisoners in Florida are now treated like any other defendant
[formerly (b)(2)].
4. Federal prisoners and prisoners outside Florida may claim the
benefit of this subdivision once special prerequisites are satisfied
under (b)(1).
(a)(3). Commencement of Trial.
1. Minor change in language to reflect case law.
(a)(4). Custody. [NEW]
1. Custody is defined in terms tantamount to arrest. This definition
was formerly contained in (a)(1).
2. Where a notice to appear is served in lieu of arrest, custody
results on the date the notice is served.
(b)(1). Prisoners outside Jurisdiction. [NEW]
1. Prisoners outside the jurisdiction of Florida may claim benefit
under (a)(1) and (a)(2) after the prisoner returns to the jurisdiction
of the court where the charge is pending and after the prisoner files
and serves a notice of this fact.
2. As an alternative, certain prisoners may claim the benefit of
sections 941.45–941.50, Florida Statutes (1979).
3. Former (b)(1) is repealed.
(b)(2). [NEW]
1. Where a misdemeanor and felony are consolidated for purposes
of trial in circuit court, the misdemeanor is governed by the
same time period applicable to the felony. To claim benefit under
this provision, the crimes must be consolidated before the normal
time period applicable to misdemeanors has expired.
2. Former (b)(2) is repealed.
(b)(3). Repealed and superseded by (b)(1).
(c). Demand for Speedy Trial.
1. The subdivision recognizes that an invalid (spurious) demand
must be stricken.
2. The subdivision now puts a 5-day limit on the time when a
defendant must be prepared.
(d)(1). Motion for Discharge.
1. Under the amended provision, a prematurely filed motion is
invalid and may be stricken.
(d)(2). When Time May Be Extended.
1. The terms “waiver,” “tolling,” or “suspension” have no meaning
within the context of the subdivision as amended. The subdivision
addresses extensions for a specified period of time.
2. Except for stipulations, all extensions require an order of the
court.
3. The term “recorded order” refers to stenographic recording
and not recording of a written order by the clerk.
(d)(3). Delay and Continuances.
1. Even though the normal time limit has expired under (a)(1) or
(a)(2), a trial court may not properly discharge a defendant without
making a complete inquiry of possible reasons to deny discharge.
If the court finds that the time period has been properly extended
and the extension has not expired, the court must simply deny the
motion. If the court finds that the delay is attributable to the accused,
that the accused was unavailable for trial, or that the demand was
invalid, the court must deny the motion and schedule trial within
90 days. If the court has before it a valid motion for discharge and
none of the above circumstances are present, the court must grant
the motion.
(e). Availability for Trial.
1. Availability for trial is now defined solely in terms of required
attendance and readiness for trial.
(f). Exceptional Circumstances.
1. The 2 extension limit for unavailable evidence has been
discarded.
2. The new trial date paragraph was eliminated because it simply
was unnecessary.
(g). Effect of Mistrial; Appeal; Order of New Trial.
1. Makes uniform a 90-day period within which a defendant
must be brought to trial after a mistrial, order of new trial, or appeal
by the state or defendant.
(h)(1). Discharge from Crime.
1. No change.
(h)(2). Nolle Prosequi.
1. No change.
1984 Amendment.
(a)(1). Repeals the remedy of automatic discharge from the
crime and refers instead to the new subdivision on remedies.
(a)(2). Establishes the calendar call for the demand for speedy
trial when filed. This provision, especially sought by prosecutors,
brings the matter to the attention of both the court and the prosecution.
The subdivision again repeals the automatic discharge
for
failure to meet the mandated time limit, referring to the new subdivision
on remedies for the appropriate remedy.
(i). The intent of (i)(4) is to provide the state attorney with 15
days within which to bring a defendant to trial from the date of the
filing of the motion for discharge. This time begins with the filing
of the motion and continues regardless of whether the judge hears
the motion.
This subdivision provides that, upon failure of the prosecution to
meet the mandated time periods, the defendant shall file a motion
for discharge, which will then be heard by the court within 5 days.
The court sets trial of the defendant within 10 additional days.
The total 15-day period was chosen carefully by the committee,
the consensus being that the period was long enough that the system
could, in fact, bring to trial a defendant not yet tried, but short
enough that the pressure to try defendants within the prescribed
time period would remain. In other words, it gives the system a
chance to remedy a mistake; it does not permit the system to forget
about the time constraints. It was felt that a period of 10 days was
too short, giving the system insufficient time in which to bring a
defendant to trial; the period of 30 days was too long, removing
incentive to maintain strict docket control in order to remain within
the prescribed time periods.
The committee further felt that it was not appropriate to extend
the new remedy provisions to misdemeanors, but only to more serious
offenses.
1992 Amendment. The purpose of the amendments is to gender
neutralize the wording of the rule. In addition, the committee recommends
the rule be amended to differentiate between 2 separate
and distinct pleadings now referred to as “motion for discharge.”
The initial “motion for discharge” has been renamed “notice of
expiration of speedy trial time.”
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