Big Changes to Speedy Trial
What Florida’s New Rules Mean for Your Criminal Case
Introduction
If you’ve been arrested or charged with a crime, you probably want your case resolved quickly. That’s where Florida’s “Speedy Trial” rule comes in—it’s designed to protect your right to a fair and timely trial. But starting July 1, 2025, the Florida Supreme Court has made major changes to how this rule works. These updates could affect how long your case takes, when the clock starts ticking, and what happens if the state misses its deadlines. This guide breaks it all down in plain English.
Disclaimer of Nonspecificity
This article provides general information about Florida’s Speedy Trial rule. Every case is different, and the new rules may apply differently depending on your situation. For personalized advice, contact Pearl & Thompson today for a free consultation.
Your Rights
What Is the Speedy Trial Rule?
Florida’s Speedy Trial Rule (Rule 3.191) protects your right to be tried within a reasonable time after being charged with a crime. It’s meant to prevent long delays and keep the legal process moving.
Under the old rule:
The clock started when you were arrested
You had to be brought to trial within 90 days for misdemeanors and 175 days for felonies
If the state missed the deadline, you could file for dismissal
What’s Changing?
Starting July 1, 2025, the Florida Supreme Court has revised the rule in several key ways:
⏱️ New Starting Point
The speedy trial clock now starts when formal charges are filed, not when you’re arrested
This means the state can arrest you, but the countdown doesn’t begin until they officially charge you
📅 Extended Deadlines
If you demand a speedy trial, the court now has up to 60 days (instead of 45) to begin your trial
The “recapture period”—the time the state has to bring you to trial after missing the deadline—is now 30 days, up from 10
⚖️ Dismissal Rules
If the state fails to meet the deadline, your case may be dismissed without prejudice, meaning they can refile charges
Only if your constitutional right to a speedy trial is violated will the case be dismissed with prejudice, meaning it can’t be refiled
What About Filing Charges?
The court also changed Rule 3.134, which affects how long the state has to file formal charges:
If you’re in custody: The state must file charges within 30 days
If you’re out on pretrial release: They have 60 days to file charges
If they miss these deadlines, you may be released on your own recognizance unless they show good cause
Why It Matters
These changes give prosecutors more flexibility—but they also mean you could wait longer before your case moves forward. That delay can affect your job, your family, and your peace of mind. At Pearl & Thompson, we know how to hold the state accountable and make sure your rights are protected.
Protecting Your Future
Navigating Florida’s criminal justice system is tough—especially when the rules keep changing. Whether you’ve just been arrested or you’re waiting for charges to be filed, we’re here to help. Our team at Pearl & Thompson will make sure the state follows the law and that your case moves forward fairly and efficiently.
📞 Call us today for a free consultation—and let’s make sure your rights don’t get left behind.
