Time is a tool that plays an important part in criminal trials. If arrested, there are laws that dictate the amount of time the state has to file charges and take you to trial. If they do not do so within this time period, how you respond can directly impact your rights. The following will provide some guidance on recent changes and steps you can take to better ensure you protect your legal rights while working through the system.
What are the changes?
The Florida Supreme Court recently announced an update to the rules that impact trial dates. The changes went into effect in July, 2025. According to these changes, the time the state has to file charges now begins on the date of formal charges instead of the date of arrest. Once charged with a crime, the state must move forward with a trial within 90 days for those who face misdemeanor charges or 175 days for those who face felony charges.
There are also situations where you can file a demand for a speedy trial. If this is done, the court must now set the case for trial within 60 days.
Another important change involves the recapture period. This is the amount of time the state has to bring a trial after they miss the initial speedy trial deadline. After the speedy trial date passes, you can file a Notice of Expiration. At that point, the court has 5 days to hold a hearing and the state has 30 days to bring the defendant to trial. If the state does not move forward, the update provides for release without prejudice – temporarily closed with the possibility of future prosecution.
How do these changes impact my case?
It is important to understand how to use these changes in your favor. If, for example, the state fails to move forward in a way that is against your constitutional right to a speedy trial, you may be able to have the case dismissed with prejudice. This essentially results in the dismissal of the case. It is important to have an attorney who is experienced with these matters review your case, watch for deadlines, and fight for your legal rights to help better ensure a favorable outcome.
