Why waive right to speedy trial

However, there are circumstances where an attorney thinks it is appropriate for their client to waive right to a speedy trial. For example, if your attorney needs more time to review evidence for your case. Another instance would be you need to get a lawyer. Our criminal defense attorneys know the local justice system.

They know the prosecutors and judges. And they can help you develop a strong defense strategy. Do not waste time. What is "Speedy Trial? Every person charged shall be brought to trial within a certain time from the date of arrest, unless that person waives their right to a speedy trial.

If you don't waive your right to a speedy trial, the judge will set your case for trial within the speedy trial time period 90 days for a misdemeanor and days for a felony. This time frame is often insufficient for your attorney to thoroughly prepare a defense to the case. The State has all of the evidence, access to witnesses, and resources to try the case in a very short time frame. The defense is limited in how it obtains information.

Your attorney may have to take depositions, file motions, investigate, obtain evidence from the State. If all of these things are not accomplished within the time frame, you would have to go to trial without that information and evidence.

If your attorney takes any action at all during this time, such as by filing a motion to suppress evidence or to demand discovery, the calendar pages stop flipping.

For example, if you file notice on the 90th day that you want the charges dismissed in accordance with your constitutional rights, the court can give the prosecutor notice that he then has two weeks to get into court or the state forfeits the right to try you. Beverly Bird is a practicing paralegal who has been writing professionally on legal subjects for over 30 years.

Your attorney may advise you to waive the right if they feel they need more time to prepare the best defense for your case. While waiting to face a judge is understandably challenging, it may be in your best interest to wait while your lawyer works tirelessly to prove your innocence.

Otherwise, you may end up with a conviction that could have otherwise been avoided. Your attorney may also advise you to waive your right to a speedy trial if there is a need to procure witnesses. Your attorney may need to track them down, have them provide deposition, and go through the formal motions. Sometimes this can take longer than expected or longer than one would like. Additionally, if you are facing charges for which it is likely you will receive jail time and you are not out on bail or bond, the time you spend incarcerated leading up to your trial may count as time served after sentencing.

The benefit in this scenario is that you will accrue time towards your sentencing while your attorney also continues to build your case. So, while you may be in jail for the time being, it may also result in less prison or jail time in the long-run. At the same time, if you do get out of jail on bail or bond you may wish to delay your trial to spend more time with family and friends before serving a sentence.

This is particularly true if you expect to get a lengthy sentence. However, this is a personal choice and it is one that only you can decide. Your attorney will have valuable insight regarding your case and whether or not this is a good idea.

These are issues that you must carefully consider and go over with your attorney. If you wish to have a speedy trial Florida law allows you to file for the motion, but it may not always be in your best interest.

Make sure you have an experienced, well-informed lawyer on your side to explain the pros and cons of each scenario. Just as leaving a longer time until trial provides your attorney with the opportunity to build a stronger case in your defense, it also provides the prosecutor's office to do the same. For this reason, having an experienced lawyer on your side is vital. If they believe that filing a motion for a speedy trial may bring you before a judge before the prosecutor can fully gather their case it may greatly benefit you.