One of the most important rights you have in a criminal case is the right to a speedy trial. The attorneys at Meltzer & Bell, P.A. can help you understand the pros and cons of demanding a speedy trial. In some of these cases, the charges are discharged if the prosecutor with the State Attorney’s Office does not bring the case to trial within the allotted time.
The Seventeenth Judicial Circuit in Broward County, FL, entered Administrative Order No. III-03-R-1 to address issues surrounding the Notice of Expiration of Speedy Trial, the Motion for Discharge and the Demand for a Speedy Trial. The administrative order concerning the right to a speedy trial in Broward County, FL, was signed by the Chief Judge on March 12, 2003, in the courthouse chambers in Fort Lauderdale, FL.
In the administrative order, the Chief Judge recognized that expedited hearings are often required for in criminal, juvenile and traffic infraction cases after any of the following motions are filed:
The rules for these motions can be found in Florida Rule of Criminal Procedure 3.191 for criminal cases and Rule of Juvenile Procedure 8.090 for juvenile cases and Traffic Court Rule 6.325 for traffic cases. Under these rules, the setting of hearings for these motions is the responsibility of the Court.
Attorneys representing Defendants have on occasion included Notices of Expiration of Speedy Trial, Motions for Discharge, and Demands for Speedy Trial together with other motions, resulting in routine scheduling of hearings on said motions. As a result, the cases experienced delays in the scheduling of Notices of Expiration of Speedy Trial, Motions for Discharge, and Demands for Speedy Trial.
For these reason, the administrative order requires all Notices of Expiration of Speedy Trial, Motions for Discharge, and Demands for Speedy Trial to be filed as separate pleadings with correct descriptive titles.
The attorneys filing Notices of Expiration of Speedy Trial, Motions for Discharge, and Demands for Speedy Trial, are to simultaneously provide the Judge or Traffic Hearing Officer to whom the case is assigned a copy of the motion(s).
The Clerk of Court shall provide the Judge or Hearing Officer to whom a case is assigned, by hand delivery, copies of Notices of Expiration of Speedy Trial, Motions for Discharge, and Demand for Speedy Trial on the day of filing.
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