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DUI case dismissed because of speedy trial violation

Posted by Larry Avallone | Dec 10, 2019 | 0 Comments

Recently I was hired on a DUI case that had very unusual facts. For some reason, the police delayed submitting the DUI arrest paperwork to the clerk of court for 23 months. With only 3 weeks to go before the statute of limitations had expired, the paperwork was submitted and my client was charged with DUI and DUI causing property damage.

After reviewing all the discovery, I was confident that my client's right to a speedy trial had been violated, so I submitted a motion to dismiss arguing that his right to a speedy trial had been violated.

The motion to dismiss was set for a hearing where both the prosecutor and I made our arguments. Ultimately, the Judge agreed with my argument and dismissed the case. Total dismissal of all charges. The judge wrote a fantastic order that thoroughly explained the reasoning in the case. This case has been published in the December issue of Florida Law Weekly.

When you have been accused of a crime, it is imperative that you hire an attorney who has deep knowledge and experience in criminal law. Procedural rules matter and a violation of a constitutional right is not a technicality. Contact Avallone Law P.A. today to discuss your case.

Speedy trial information

Two different types of speedy trial rights exist in a criminal case in Florida.

  1. A person charged with a criminal offense in Florida is entitled to the statutory speedy trial rights provided under Florida Statutory provisions which provide for very specific time limits. The speedy trial time limit for a misdemeanor is 90 days. The speedy trial time limit for a felony is 175 days.
  2. A person charged with a criminal offense is entitled to the state constitutional protections provided by the Florida Constitutional and/or the federal constitutional protections under the Sixth Amendment which provide for a speedy trial even when the statutory remedy under state law has been waived.

The speedy trial provisions provided by the state and federal constitution are an important safeguard to prevent undue and oppressive incarceration prior to trial, to minimize anxiety and concern accompanying public accusation and to limit the possibility that long delay will impair the ability of an accused to defend himself. Should you need help with any criminal case, please contact Avallone Law P.A. today.

About the Author

Larry Avallone

Larry Avallone is a Volusia County Florida based Board Certified Criminal Trial Attorney. He has been a Deputy Sheriff and a State Prosecutor and he exclusively practices criminal defense law.


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