Legal Question in Criminal Law in Florida

My Brother was just extradited from prison to the Marion County Jail. He served a 20 month sentence in DOC. During that time, he had a case pending in Marion County Florida for a DUI, VOP, in which he has tried to have resolved while being incarcerated in prison. He completed his prison term for the Felony conviction out of Orange County. He is currently housed in the Marion County Jail out of Ocala FL. His court date has been set for Janurary 13 2009 for his violation of probation for the DUI. The question that I am asking is; by law was he elidgable to be brought back to Marion County to be tried on the DUI case while he was property of the Dept. Of Corrections? He had filed the nessacary motions to be extrodited to Marion County from prison so that he could resolve the case before his prison sentence was finished. Based on Florida Law or the Constitution of the United States regarding Due-Process and or The right to a speedy trial does he have any legal options that he can argue to the courts regarding the time frame in which his Misdomenor DUI case should of been tried? Is there somthing in the law that states that he has a right to have all legal matters resolved in a certian amount of time? Is there a certian time frame, with the courts knowing that he is incarcerated, that he is required by law to be tried? I am asking these questions because my brother is paralyzed from the waiste down and his physical health is declining. He is in need of being seen by a physician outside of the judicial system, so that he may be treated for his ailments because they cannot provide the medical assistance that his condition requires.


Asked on 12/06/09, 7:51 pm

1 Answer from Attorneys
Craig Epifanio Craig Epifanio, P.A.

This really is a question that is too detailed to be answered on here. You need to talk to his attorney on the DUI to see if there is credit for his time or some other solution to this to allow him to get out sooner. Good luck.

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Answered on 12/15/09, 2:02 pm


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