Florida Speedy Trial Law – What You Need to Know in 2025

Florida law guarantees every person charged with a crime the right to a speedy trial. This protects defendants from unreasonable delays by the State. The deadlines are now based on when formal charges are filed—not when you’re arrested.

• Misdemeanor charges: The State has 90 days from the date formal charges are filed to take the case to trial.
• Felony charges: The State has 175 days after formal charges are filed.

This is a major change. Previously, the clock started on the date of arrest. Now, it begins when the prosecutor files charges in court.

In many cases, your defense attorney may suggest waiving speedy trial. This doesn’t mean giving up the right forever—it simply gives your legal team more time to prepare your defense. Reasons to waive include:

• Needing more time to collect evidence
• Conducting depositions of witnesses or officers
• Filing pretrial motions to suppress evidence
• Negotiating a favorable plea deal

Every criminal case in Florida is different. Sometimes, moving fast is smart—other times, rushing to trial could hurt your defense. A skilled criminal defense lawyer can help you make that decision based on your case strategy.

Under the updated rule, if the speedy trial deadline passes and your attorney files a Notice of Expiration, the court gives the State a 30-day “recapture period” to bring the case to trial. If the trial does not begin within that 30 days, the defense can ask the judge to dismiss the case.

However, don’t assume a dismissal will end the case permanently.

Yes. In most cases, if your case is dismissed due to a speedy trial violation, it’s dismissed without prejudice. That means the State Attorney’s Office can refile the charges. A permanent dismissal (with prejudice) only happens if the delay was unconstitutional and caused serious harm to the defendant—something very difficult to prove.

So even if your case is dismissed, it may not be over. That’s why your lawyer must act quickly and strategically at every stage.

While the Florida speedy trial rule is an important tool, it is extremely rare to win a case on speedy trial grounds. Here’s why:

• The State now has more time to file charges and fix delays.
• The 30-day recapture period gives prosecutors a second chance.
• Dismissals are often temporary and allow charges to be refiled.
• Judges often side with the State unless strict legal steps are followed.

This is why you need a defense attorney who tracks deadlines closely and knows how to apply pressure when the State drops the ball.