90 days have passed and I haven't waived speedy trial rights....there's been no trial. have my speedy rights been violated?
Posted By Lloyd Golburgh on Sep 15, 2009 12:09pm PDT
I was served a notice to appear/arrest warrant via mail dated 5/22/09-Rcv'd
6/2/09 Postmarked 61/09 picked up 6/4/09. Motion to suppress 6/11 won.
Motion to suppress 9/01 Judge vacated (should have dismissed-Officer
didn't show) Went to court to accept plea (listed as Jury Trial in
Register of Actions) 9/14 Judge admitted error and rescheduled Motion
for 9/21 and trial date set for 9/29/09. Has speedy trial been violated
due to circumstances beyond my control. No waiver of speedy trial was
ever filed on my behalf.
FloridaDUIPRO.com answered: so long as there is no evidence anywhere of a waiver of speedy trial,
you have to file a notice of expiration of speedy trial. the court has
5 days within which to schedule a hearing at which a trial date will be
set. at that '5-day' hearing, the judge is required to schedule the
trial within the next ten days. if that doesn't happen, you will then
be able to file a motion for discharge.