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What Has the New FL 2025 Law Changed about Rights to a Speedy Trial
The Florida Supreme Court has just published a change to the longstanding Florida Rule of Criminal Procedure 3.191 controlling speedy trial. This new rule has extended the time period to bring accused people to trial and almost totally eliminates the ability to have a case dismissed forever for failing to bring a case to trial. This new rule could have wide ranging implications for how long people are held in jail as well as could affect how long the state can investigate a case or delay decision-making on whether to file a charge against someone who is waiting in jail.
What was the Old Speedy Trial Rule?
Florida Rule of Criminal Procedure 3.191 (known as the “speedy trial rule”) requires the prosecutor with the State Attorney’s Office to bring a defendant to trial within a certain amount of time after the defendant is taken into custody or given the notice to appear in court to answer charges.
The time limit for a misdemeanor charge is 90 days. The time limit for a felony charge is 175 days.
Even before the time limit expires, the defendant also has the right to demand a speedy trial, which will substantially shorten the time period.
The speedy trial rule is not self-executing. Instead, the defendant must take affirmative action to trigger the remedies available under the rule for the prosecutor’s failure to comply with the requisite time limitations. These affirmative steps are required to trigger the application of Florida Rule of Criminal Procedure 3.191(p)(3).
The remedies under the rule will either ensure a speedy trial or a discharge from the alleged crime. Once the applicable period has expired, the accused must file a notice of expiration under Florida Rule of Criminal Procedure 3.191(h).
A hearing must be held within five business days, and unless one of the exceptions in the rule applies, the trial court must order that the defendant be brought to trial within ten calendar days or be forever discharged from the crime. Fla. R.Crim. P. 3.191(p).
What is the New Speedy Trial Rule?
On March 13, 2025, the Florida Supreme Court changed the speedy trial rule in Florida in 4 major ways. You can read the full opinion here. But See below for a summary.
- this rule now starts from the date that formal charges are filed rather than from the date of arrest
- the recapture period is mandatory in all situations
- the recapture period is increased from 10 days to 30 days
- dismissals under this rule will be without prejudice unless a defendant’s constitutional right to speedy trial has been violated
This means that the state will have more time to bring defendants to trial even after the case has reached the limits of the speedy trial rule (90 days for misdemeanors and 175 days for felonies). It also means that the beginning clock for the counting of speedy trial days can begin as late as 40 days after arrest for those who remain in custody, so if you add up those times the Florida Supreme Court has just added approximately 70 additional days to the total expected times-span of cases which take up the entire speedy trial clock.
The amendments to the rules shall become effective July 1, 2025, at 12:01 a.m.
Concerns About the New Speedy Trial Rule Language and Interpretation
While the law’s intent is clearly stated in writing, its use and interpretation create 3 serious concerns.
Is this going to increase the amount of jail time spent waiting for formal charges to be brought where innocent people could be waiting to hear the charges against them and see the evidence?
Is this going to increase the total amount of time to close cases which would undermine the goal of having efficient dockets and reasonable access to the Courts?
Is this going to encourage repeated detentions and sloppy policework, since there is less pressure to be accurate in criminal allegations and investigations?
No one in Florida knows the answers to these questions now since this rule change is brand new. Over the coming year information about average case length, amount of time spent in jail pretrial, and amount and types of charges filed or dismissed could give the answers, but that will require dedicated record search and analysis.
Time for Filing Formal Charges Amendment
This new rule change also created a subsection in rule 3.134 controlling the filing of formal charges. Now there is an additional section mandating that for people on pretrial release the state must file charges within 60 days unless they have good cause to extend filing by an additional 30 days.
Why Retaining an Expert Attorney Matters
If you’re accused of any criminal matter, retaining an attorney is critical to protecting your rights. These cases will involve constitutional questions and concern allegations of misconduct or are sensitive in nature, requiring a skill, preparation and experience. For expert legal help, contact Gainesville Defense Lawyer Matt Landsman to protect your rights today.