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Mar 14, 2025 |
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RECENT RELEASES - FLORIDA SUPREME COURT
RULES OF CRIMINAL PROCEDURE--AMENDMENT--SPEEDY TRIAL--TIME FOR FILING FORMAL CHARGES. The Court, on its own motion, amended Rules 3.191 (Speedy Trial) and 3.134 (Time for Filing Formal Charges). Rule 3.191 was amended in four ways. Subdivisions (a) and (d) were amended to provide that speedy trial for purposes of the rule "now starts from the date that formal charges are filed rather than from the date of arrest." The amendments further made clear that the recapture period is mandatory in all situations and increased the recapture period from 10 days to 30 days. Finally, (n) and (o)(3) were amended "to provide that dismissals under this rule will be without prejudice unless a defendant's constitutional right to speedy trial has been violated, which requires dismissal with prejudice." Rule 3.134 was amended to include a mechanism for a defendant to be released from pretrial restraints if formal charges are not brought within a reasonable time.
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