Legal Question in Criminal Law in Florida

waiver of speedy trial

what do I have to do to repeal or rescind a waiver of speedy trial I prreviously filed?

Asked on 8/01/07, 8:40 pm

3 Answers from Attorneys

Valerie Masters Valerie Masters, P.A.

Re: waiver of speedy trial

you have to file a demand for speedy trial.

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Answered on 8/01/07, 8:47 pm
Michael Sanft Sanft Law

Re: waiver of speedy trial

At your arraignment, the court asks if you want a speedy trial. In Nevada, a speedy trial is held around 60 days after the arraignment. If you waive your right to a speedy trial, the court places you in its next available calendar date, which in Las Vegas is called "ordinary course." Now, if you want to rescind a waiver of that speedy trial, you must file a motion with the court indicating the reasons why you want a trial to be held within that 60 days. A good reason could be the loss of a key witness who has less time to live (Of course, the court may instead grant a deposition to preserve that person's testimony). Another possible reason could be that at the time of your waiver, you did not have evidence that somehow will not exist at the time of the trial.

As you can see, the problem with rescinding your waiver is finding a good enough reason to convince a court that it must slot you in an already scheduled (and presumably packed) calendar. You can file the motion, but experience tells me that you will instead go at your scheduled time.

Good luck.

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Answered on 8/01/07, 10:15 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: waiver of speedy trial

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Once it is waived, the original time period is lost. You can later file a demand for a speedy trial and a new time period will begin.

Scott R. Jay, Esq.

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Answered on 8/05/07, 12:09 am

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