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Alexander Of Assyria

(7,839 posts)
Thu Jun 22, 2023, 06:49 AM Jun 2023

The Speedy Trial Act of Florida, Explained.

Last edited Thu Jun 22, 2023, 09:10 AM - Edit history (1)

https://www.flcourts.gov/content/download/862746/file/Speedy%20Trial%20-%20Handout.pdf

https://casetext.com/rule/florida-court-rules/florida-rules-of-criminal-procedure/pretrial-motions-and-defenses/rule-3191-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).

……….

It’s complicated, might need a criminal lawyer!

………

Edit: Mirrors Federal Act, either is good!

https://www.law.cornell.edu/uscode/text/18/3161
12 replies = new reply since forum marked as read
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The Speedy Trial Act of Florida, Explained. (Original Post) Alexander Of Assyria Jun 2023 OP
Thanks for this malaise Jun 2023 #1
Bookmarked it myself, handy as things move along...speedily! Speedy to Justice! Alexander Of Assyria Jun 2023 #4
The Trump case is Federal, not State. sl8 Jun 2023 #6
KNR niyad Jun 2023 #2
Is someone of note going to trial in a Florida court? sl8 Jun 2023 #3
Are you joking? obamanut2012 Jun 2023 #5
This message was self-deleted by its author sl8 Jun 2023 #7
Nope. sl8 Jun 2023 #8
The Florida Speedy Trial Act mirrors the federal. Alexander Of Assyria Jun 2023 #10
How does FL law affect a federal case? Aren't the two systems separate? JT45242 Jun 2023 #9
The Florida Act mirrors the Federal Act, uncertain which applies, the Federal seems more strict. Alexander Of Assyria Jun 2023 #11
Federal court procedures are not affected by state laws, any state law. Angleae Jun 2023 #12
 

Alexander Of Assyria

(7,839 posts)
4. Bookmarked it myself, handy as things move along...speedily! Speedy to Justice!
Thu Jun 22, 2023, 07:21 AM
Jun 2023

Chief Inspector Jack Smith, well aware of Speedy Trial Law of Florida…brought first charges in Florida…another unrecognized brilliance.

Artificial Intelligence is a punk compared to some gifted human intelligence.

sl8

(16,284 posts)
3. Is someone of note going to trial in a Florida court?
Thu Jun 22, 2023, 07:11 AM
Jun 2023

It's interesting, but was there a particular case that prompted your post?

Response to obamanut2012 (Reply #5)

sl8

(16,284 posts)
8. Nope.
Thu Jun 22, 2023, 07:31 AM
Jun 2023

I thought that either someone of note was recently charged under Florida law and I missed hearing about it, or that the OP was thinking of the Trump case and conflating state/federal court systems.

JT45242

(3,105 posts)
9. How does FL law affect a federal case? Aren't the two systems separate?
Thu Jun 22, 2023, 08:17 AM
Jun 2023

Trump is charged on federal counts in Florida and state counts in NY.

So, as I understand the legal system (admittedly, not a lawyer)

1. In NY, only NY statutes and applicable federal precedents applied via the 14th Amendment thru case law apply.

2. In the federal trial in the Florida district, all the procedures, rules, and laws should be governed by appropriate federal statute and procedure since federal law supercedes state law.

Legal eagles, if this is not the case, please explain so a history major can understand.

JT

 

Alexander Of Assyria

(7,839 posts)
11. The Florida Act mirrors the Federal Act, uncertain which applies, the Federal seems more strict.
Thu Jun 22, 2023, 09:11 AM
Jun 2023

Navigating the thickets from afar!

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