The Constitutional Right to a Speedy Trial: Now Your Primary Defense in Florida

By The Brancato Law Firm, P.A. | Updated 2025

If you are facing criminal charges in Tampa or Hillsborough County, you likely feel like your case is dragging on forever. Months—or even years—can pass before you get your day in court. Even though Florida’s speedy trial rule has been gutted, you still enjoy a constitutional right to speedy trial in Florida.

The U.S. Constitution and the Florida Constitution both guarantee your right to a speedy trial. Furthermore, this right is now more important than ever.

Recent changes to Florida’s procedural rules (effective July 1, 2025) have severely weakened the automatic “Speedy Trial by Rule.” Consequently, skilled defense attorneys must return to the basics: The Sixth Amendment of the U.S. Constitution.

I am Rocky Brancato. For over 25 years, I have fought for the rights of the accused in Tampa Bay. If the State has unreasonably delayed your case, I know how to use the Constitution to demand a dismissal. Hiring the right Tampa Criminal Defense Attorney can make all of the difference in your case.

The Critical Shift: “Rule” vs. “Constitution”

It is vital to distinguish between the two types of speedy trial rights in Florida.

1. Speedy Trial by Rule (The Old Way)

For decades, Florida Rule of Criminal Procedure 3.191 provided a strict “clock.” If the prosecutor didn’t bring you to trial within 90 days (misdemeanor) or 175 days (felony), we could often get the case discharged. However, on July 1, 2025, the Florida Supreme Court significantly altered this rule, making it much harder to win a dismissal on technical timing grounds alone.

2. Constitutional Speedy Trial (The New Battlefield)

Because the procedural rule has been watered down, we must rely on the Constitutional Right found in the Sixth Amendment (U.S. v. MacDonald). This right applies to all criminal prosecutions. It is not about counting days on a calendar; it is about fundamental fairness.

When Does a Delay Become a Violation? The “Barker” Test

How do we prove your rights were violated? The courts apply a specific “balancing test” established by the U.S. Supreme Court in Barker v. Wingo (1972).

We must prove four key factors to the judge:

1. Length of the Delay

First, we must show the delay was “presumptively prejudicial.”

• The Threshold: Courts generally rule that a delay of one year or more triggers a constitutional review (U.S. v. Greer, State v. Union).
• Florida Precedent: Florida courts have dismissed cases after delays as short as 14 to 17 months (Howell v. State).

2. Reason for the Delay

Why is the case stalling?

• Valid Reasons: Missing witnesses or complex investigations may be valid excuses.
• Invalid Reasons: If the delay is caused by prosecutorial negligence, overcrowding, or an intentional attempt by the State to gain an advantage, you have a strong argument (State v. Jenkins, Seymour v. State).

3. Did You Assert Your Right?

You cannot sit silently and then complain later. We must show the court that we demanded a speedy trial early and often. If you fail to object to the delay, it weakens your claim (State v. Blankenship).

4. Prejudice to the Defendant (The Most Important Factor)

Has the delay actually hurt your defense?

• Have witnesses died or moved away?
• Have memories faded?
• Has key evidence been lost or destroyed?
• Have you suffered anxiety, job loss, or incarceration while waiting?

If the delay impairs your ability to defend yourself, the court is far more likely to dismiss the charges (Doggett v. U.S., Hallman v. State).

The Remedy: Total Dismissal

If we successfully prove these four factors, the remedy is absolute. The judge does not just schedule a trial; the judge must dismiss the case.

Under Barker v. Wingo, dismissal is the “only possible remedy” for a violation of this constitutional right. This means the State drops the charges, and you walk away free.

Common Excuses Prosecutors Use (And How We Fight Them)

When we file a Motion to Dismiss based on speedy trial grounds, prosecutors often offer the same excuses:

• “The case is too complex.”
• “The court docket is overcrowded.”
• “The defendant filed motions that slowed us down.”

However, the Supreme Court has ruled that the government bears the ultimate responsibility for bringing a defendant to trial. Overcrowded courts are the State’s problem, not yours. At The Brancato Law Firm, we challenge these excuses aggressively.

Frequently Asked Questions (FAQ)

What is the new Florida Speedy Trial Rule change (2025)?

Effective July 1, 2025, the Florida Supreme Court changed Rule 3.191. It removed the “automatic” discharge provision that previously allowed defendants to walk free if the State missed the deadline. Now, the remedy is often just forcing the State to start the trial immediately, rather than dismissing the case entirely.

How long is “too long” for a trial in Florida?

Constitutionally, a delay of one year is usually the trigger point to file a motion. However, it depends on the complexity of the case. A complex fraud case might reasonably take longer than a simple DUI.

Does this apply if I am out on bond?

Yes. Even if you are not in jail, a pending criminal charge disrupts your life, employment, and reputation. You still have a right to a speedy resolution (Klopfer v. North Carolina).

Stop the Delay. Call Rocky Brancato.

If your case has been dragging on for months—or even years—you do not have to accept it. The State does not have the right to keep your life on hold indefinitely.

I have over 25 years of experience fighting for defendants in Tampa and Hillsborough County. I know how to hold the prosecution accountable and demand the dismissal you deserve.

The Brancato Law Firm, P.A. 620 E. Twiggs Street, Suite 205 Tampa, FL 33602

Call (813) 727-7159 to schedule your consultation.