If you are arrested in Jacksonville, you have a right to go to trial within 90 days of the arrest if the crime is a misdemeanor and 175 days if the crime is a felony. Once the speedy trial period expires, a Jacksonville criminal defense lawyer has to file a Notice of Expiration of Speedy Trial Time. No later than 5 days from the date the criminal lawyer filed the notice, the court has to hold a hearing and will order the defendant get his or her trial within 10 days. If the defendant is not brought to trial in those 10 days through no fault of their own, the criminal attorney should file a Motion of Discharge. At that point, the court will dismiss the charge and the state attorney cannot bring the charge back.
Under certain circumstances, the time period can be extended. Some are:
1. If there is an unexpected illness.
2. If there is a showing that the case is so unusual and complex because of multiple defendants.
3. If the prosecutor or defendant can show that specific evidence is not available is not available in time despite diligent efforts to get it within the time period.