The deadlines come from Rule 3.191 of the Florida Rules of Criminal Procedure, which was amended effective July 1, 2025 and appears in The Florida Bar's October 1, 2026 edition of the rules. The rule is full of conditions, and the short version is easy to misread, so this page walks through when the clock starts, what can stop it, and what actually happens if it runs out. For the charges Mr. Mead defends, see the criminal defense practice areas.
How does the speedy trial rule work, step by step?
- Arrest. The filing deadlines in Rule 3.134 start running: 30 days for a person in custody, 60 days for a person released.
- Formal charge. The State files an information or indictment, or for a misdemeanor the documents that serve as a formal charge. The 90-day or 175-day period starts here.
- Choice about a demand. The defense either lets the automatic period run or files a demand for speedy trial, which starts a 60-day period and binds both sides.
- Extensions and waivers. Continuances, stipulations, pretrial motions and diversion can extend the time or waive it.
- Notice of expiration. If the period runs out, the defense files a notice; the court holds a hearing within 5 days.
- Recapture. Unless an exception applies, the court orders trial within 30 days. Only if that window passes, through no fault of the defendant, is the defendant discharged.
When does the speedy trial clock start?
At the formal charge. Rule 3.191(a) says the time periods "shall commence when the person is formally charged with a crime," and Rule 3.191(d) defines that as a charge "by information, or by indictment, or in the case of alleged misdemeanors by whatever documents constitute a formal charge." The rule's committee notes show that older versions measured time from custody, which they defined in terms tantamount to arrest, so older explanations that count from the arrest no longer match the rule. The rule applies whether the person is in jail or out on bond.
Before that clock starts, a different one runs. The State must file formal charges within 30 days of arrest for a person in custody, or the person is released on his or her own recognizance on day 33, or day 40 for good cause; for a person already out on pretrial release, the deadline is 60 days, and on day 60 the court must order release on recognizance on day 63 unless charges are filed, or, for good cause, continue pretrial release for up to 30 more days (Rule 3.134). Those first days are covered on our page about the first 48 hours after an arrest.
What are the deadlines?
| Situation | Trial must start within | Counted from |
|---|---|---|
| Misdemeanor, no demand | 90 days | The formal charge (Rule 3.191(a)) |
| Felony, no demand | 175 days | The formal charge (Rule 3.191(a)) |
| Misdemeanor consolidated with a felony in circuit court | The felony period | Rule 3.191(f) |
| Demand for speedy trial filed | 60 days; the court holds a calendar call within 5 days and sets trial 5 to 60 days from the demand | The filing of the demand (Rule 3.191(b)) |
| After a mistrial, an order for a new trial or an appeal | 90 days | The mistrial, the order or the mandate, whichever is last (Rule 3.191(m)) |
| Time expired and notice filed | 30 days after a hearing held within 5 days of the notice | The hearing on the notice (Rule 3.191(o)) |
Trial "commences" when the jury panel for that trial is sworn for voir dire examination, or, without a jury, when the proceedings begin before the judge (Rule 3.191(c)).
Should I demand a speedy trial?
Not lightly. A demand "binds the accused and the state." Under Rule 3.191(g) it counts as a statement that the accused "is available for trial, has diligently investigated the case, and is prepared or will be prepared for trial within 5 days," and it should be filed only by someone with "a bona fide desire to obtain a trial sooner than otherwise might be provided." A demand made without that preparation is stricken as invalid on the prosecutor's motion, it cannot be withdrawn without a court order, and after filing it, not being ready is generally not good cause for delay. A demand also replaces the automatic 90 or 175 day period (Rule 3.191(a)). It is a tactical choice to make with a lawyer who knows the evidence.
What can extend or stop the clock?
Under Rule 3.191(i), the time can be extended, before it expires, by a stipulation, by a court order for good cause shown by the accused, by an order in exceptional circumstances, by an order for reasonable delay from things such as competency hearings, pretrial motions and appeals by the State, or by an administrative order of the chief justice. Exceptional circumstances do not include "general congestion of the court's docket, lack of diligent preparation, failure to obtain available witnesses, or other avoidable or foreseeable delays" (Rule 3.191(l)).
A defendant can also lose the benefit of the rule. A person who, or whose lawyer, fails to attend a required proceeding or is not ready on the trial date is "unavailable for trial," and someone unavailable during the period is not entitled to discharge (Rule 3.191(k)). Delay attributable to the accused or the defense is a reason to deny discharge (Rule 3.191(j)(2)). Entering a pretrial intervention program also requires waiving speedy trial for the period of diversion (s. 948.08(2), Florida Statutes), as we explain on our page about pretrial diversion in Palm Beach and Broward.
What happens if the time runs out?
Nothing happens automatically. After the period expires, the defense may file a "Notice of Expiration of Speedy Trial Time." Within 5 days the court holds a hearing, and unless one of the reasons in Rule 3.191(j) applies, it orders trial within 30 days, a "recapture period" that the rule calls mandatory. Only if the defendant is not brought to trial within those 30 days, through no fault of the defendant, is the defendant discharged on motion (Rule 3.191(o)).
"This discharge shall be without prejudice unless there is a determination that the defendant's constitutional right to speedy trial has been violated."Florida Rules of Criminal Procedure, Rule 3.191(o)(3)
A discharge with prejudice bars prosecution of the crime charged and of lesser offenses that came from the same conduct (Rule 3.191(n)). Under the current rule, a speedy trial discharge is therefore not always the end of the case. Other ways a case can end before trial are explained on our page about whether criminal charges can be dropped before trial in Florida.
How long do cases take in practice locally?
There is no fixed answer, and no one can promise a date. Some local facts help set expectations. In Palm Beach County, the State Attorney's office says misdemeanor cases that require a jury trial are handled at the main courthouse in downtown West Palm Beach, and that in 2022 there were more than 200 misdemeanor trials, about 95 percent of them jury trials, compared with more than 32,000 misdemeanor cases the office opened that year. The arraignment is usually the first court event after the formal charge; our page on whether you have to go to arraignment explains what happens there.
What changes the answer?
- Misdemeanor or felony. 90 days for a misdemeanor, 175 for a felony (Rule 3.191(a)). A misdemeanor joined with a felony in circuit court takes the felony period (Rule 3.191(f)). Degrees are explained in our chart of Florida criminal penalties.
- A demand. Filing one replaces the automatic period with 60 days and requires real readiness (Rule 3.191(b), (g)).
- Defense continuances. A continuance granted on the accused's motion for good cause extends the time (Rule 3.191(i)), and delay attributable to the defense is a ground to deny discharge (Rule 3.191(j)).
- Missed court dates. A defendant who fails to attend a required proceeding is unavailable for trial (Rule 3.191(k)); missing court can also forfeit bond, as explained in how bond is set in Florida.
- Diversion. Pretrial intervention requires waiving speedy trial for the diversion period (s. 948.08(2)).
- A mistrial or appeal. A new 90-day period runs from the mistrial, the order for a new trial or the mandate (Rule 3.191(m)).
A worked example
For example, suppose a hypothetical person is arrested for a misdemeanor DUI on March 1 and released on bond, and the State files the formal charge on April 10. The 90-day period runs from April 10, not March 1, so it would expire in early July. At arraignment the lawyer files a written not guilty plea, and in May the defense asks for a continuance to review the breath test records, which extends the time. If instead no extension had been granted and the State had not started trial by the 90th day, the defense could file a notice of expiration; the court would hold a hearing within 5 days and then set trial within the 30-day recapture period. Only if the State missed that window, through no fault of the defense, would the court discharge the defendant, and the discharge would be without prejudice unless a constitutional speedy trial violation were found. The steps of a DUI case are on our page about what happens after a DUI arrest in Florida. This is a hypothetical example, not a prediction.
Common mistakes people make
- Counting the 90 or 175 days from the arrest instead of the formal charge.
- Filing a demand for speedy trial before the defense has investigated, which binds the defense and can be stricken.
- Expecting an automatic dismissal when the time runs out; the notice and recapture steps come first.
- Asking for continuances and then expecting a discharge for delay.
- Missing a court date, which makes the defendant unavailable for trial.
What to do this week
- Find out whether a formal charge has been filed, and on what date.
- Put that date and the 90-day or 175-day mark in a calendar.
- Keep every court notice, and attend every required date.
- Talk with your lawyer before any demand for speedy trial or any continuance is filed.
- If diversion is an option, understand that it waives speedy trial while it runs.
Frequently asked questions
Does the speedy trial clock start at arrest in Florida?
No. Under the current Rule 3.191(a), the periods start when the person is formally charged. The 30-day and 60-day filing deadlines in Rule 3.134 are what run from the arrest.
Is a speedy trial discharge the same as a dismissal?
It ends the case at that point, but it is without prejudice unless a constitutional speedy trial violation is found (Rule 3.191(o)(3)). Other ways a case can end are on our charges-dropped page.
Can the State get more time?
Yes, for exceptional circumstances, by stipulation, or for reasonable delays such as State appeals, but not for general docket congestion, lack of preparation or avoidable delays (Rule 3.191(i), (l)).
Does the rule apply if I am out on bond?
Yes. The rule applies whether the person is in custody or released.
Do misdemeanor jury trials happen often in Palm Beach County?
The State Attorney reported more than 200 misdemeanor trials in 2022, about 95 percent of them jury trials, against more than 32,000 misdemeanor cases opened that year. Courts and offices across the county are described on our Palm Beach County page.
What about Broward County?
The same statewide rule applies. Broward's county court divisions and courthouses are described on our Broward County page.
How can Mr. Mead help?
Whether to push for a fast trial or take the time to investigate depends on the evidence, and the choice has consequences under Rule 3.191. Mr. Mead tracks the deadlines from the formal charge forward and gives an honest assessment of which approach serves your case. No outcome can be promised. Call (561) 362-6677, 24 hours a day.
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