Legal Question in Criminal Law in Florida

For a Criminal Trial, is there a limit on the continuaces that the state can take before the case is eligible for dismissal. Background to this question is that the trial has been continued for about a 1 year and 4 months and it was continuances from both the defense and state we are changing counsel but would like to know it theres a chance for dismissal based on the state asking for different dates numerous times?


Asked on 7/24/12, 10:14 am

1 Answer from Attorneys
Eric Trabin Lucid Legal, PLLC

There is no chance of the case being dismissed for these reasons. While a defendant has a right to a speedy trial, they waive that right when they request a continuance. Any delay attributable to the defense constitutes a waiver of speedy trial. Keep in mind that a defendant can subsequently demand a right to a speedy trial which provides a new speedy trial clock and there can be repercussions, including a dismissal, if that right is violated. However, when a defendant, by way of their attorney, demands a speedy trial, they are saying they are ready right then and there for trial and therefore they give up the right to have additional hearings, obtain any new or missing discovery, and the like.

That being said, the case can't go on forever. There is a statute of limitations but it hasn't gotten close to that yet.

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Answered on 7/25/12, 1:43 pm


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