Recent Updates
April 28, 2010
State Must Prove Defendant's Knowledge of Driver's License Suspension
April 13, 2010
Sentencing Commission Votes to Eliminate Recent Criminal History Points
October 15, 2009
Consent to search inside of vehicle does not extend to locked containers
October 14, 2009
Making phone calls to get drugs for personal use not a felony
October 07, 2009
Duval County schools agree to reduce number of students getting arrested
Giving Substantial Assistance does not toll speedy trial rights
November 25, 2008
Topic: Criminal
The 5th DCA recently reitereated the rule that once a person is arrested, even if that person agrees to become a confidential informant, "work off" their charges, or in any other way agree to give substantial assistance to police does not waive the defendant's right to a speedy trial. In Florida Constitution and the Sixth Amendment to the United State Constitution guarantees the right to a speedy trial. Florida Criminal Rule of Proceedure 3.191(a) states the speedy trial right in Florida is 175 days from arrest.
In essence, there are important and fundamental rights of a defendant which are not waived unless expressly done in writing, usually in front of a magistrate or judge.
