Florida’s New Speedy Trial Rule: Has the Clock Started on Your Orlando Case?

By: John Guidry II

A recent rule change from the Florida Supreme Court has altered one of the most fundamental aspects of a criminal case: the right to a Speedy Trial. The question of “How long does the State have to prosecute me?” has become more complex, and the answer now depends on which of two legal “clocks” is running.

As a defense attorney practicing in Orlando since 1993, I’ve seen the rules change many times. This recent shift is one of the most significant, and understanding it is critical to your defense.

Confused by the New Speedy Trial Rule in Florida? Don’t assume your clock started at your arrest. Call my office to understand how this crucial change affects your case in the Orlando area. Call John Guidry: (407) 423-1117

Clock #1: The Statute of Limitations (Before Formal Charges)

This is the first clock. It starts ticking the moment a crime is allegedly committed and represents the absolute deadline for the State to file charges against you if no arrest has been made.

Here are the general time limits for the Statute of Limitations in Florida:

• Capital Crimes (like capital murder): No time limit.
• First-Degree Felonies: 4 years.
• Second & Third-Degree Felonies: 3 years.
• First-Degree Misdemeanors: 2 years.
• Second-Degree Misdemeanors: 1 year.

The key to defending these cases is proving the State “unreasonably delayed” the arrest. For example, in a real case, a man was arrested for a felony four years after the incident, despite a three-year time limit. The court dismissed the case because, in those four years, the police had only tried to serve the arrest warrant a single time. That was deemed an unreasonable delay, and the case was thrown out.

Clock #2: The New Speedy Trial Rule (After Formal Charges)

This is where the major rule change comes into play. Previously, your speedy trial clock started the moment you were arrested. That is no longer the case.

Under the new rule, the speedy trial clock does not start until the State Attorney’s Office files the formal charging document, known as an “Information.”

This has a huge practical impact. It means you can be arrested, post bond, and be waiting at home for weeks or even months, and your speedy trial rights have not even been triggered yet. The clock only begins once the prosecutor formally charges you.

From the date the Information is filed, these are the deadlines:

• For a Misdemeanor: The State has 90 days to bring you to trial.
• For any Felony: The State has 175 days to bring you to trial.

If the State fails to meet this deadline after the clock has started, your case can be dismissed.

Navigating a More Complex Timeline

This rule change makes it more important than ever to have an experienced attorney monitoring your case. We don’t wait for the court; we proactively track the case file to know the exact moment the Information is filed and the speedy trial clock officially begins to run.

These deadlines are a powerful defensive tool, but only if you understand how they work under the current rules. If you are facing a charge in Orange, Seminole, Osceola, Lake, Brevard, or Volusia County, call my office. Let’s analyze the specific timeline of your case and ensure your rights are protected.

If you’d like to take a deeper dive into this new speedy trial rule, watch my YouTube explanation in “You Won’t Believe What Florida Just Did to Criminal Defendants“.

About the Author, John Guidry II

John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.

Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.

Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.

When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.