The Sixth Amendment says that you have the right to a speedy trial if you’ve been charged with a crime. As a general rule, the circumstances of your case will determine how long Florida authorities have to resolve the matter. It’s worth noting that you have the ability to waive your right to be tried within a specific period of time.
The factors that might impact your trial timeline
If your case has received significant publicity, it may take several weeks to find jurors who can render an unbiased verdict. Furthermore, the judge in your case may need time to determine if a trial can be held where the alleged crime was committed. Even if your case hasn’t received a lot of media attention, your attorney may file motions in the matter that could delay the start of your trial.
Can you assert your right to a speedy trial?
As a general rule, local, state and federal courts face a consistent backlog of cases that need to be resolved. Therefore, it’s possible that your trial won’t be scheduled to begin for several weeks or months after you are taken into custody. However, this may not be a problem in the eyes of the law if you don’t make any indication that it conflicts with your right to a timely resolution of your proceeding.
What happens if this right is violated?
If a judge rules that your Sixth Amendment right has been violated, there is a chance that your case will be dismissed. This is because a lengthy trial may make it difficult for your attorney to stick to his or her typical criminal defense process. In the event that your case is still ongoing, the trial court may simply be advised to pick up the pace so that the matter can be resolved as quickly as possible.
An attorney may work to ensure that your rights are protected throughout the legal process. This may make it easier to get a favorable outcome in your case while minimizing the interruption to your life.