Beyond the 175-Day Rule: Your Constitutional Right to a Speedy Trial in Florida

By: John Guidry

When you’re charged with a crime, one of the first questions is, “How long can this drag on?” In Florida, you have two speedy trial rights, but the one most people know about has recently been changed by the Florida Supreme Court—and not for the better. This is the statutory rule that gives prosecutors 90 days for a misdemeanor and 175 days for a felony to bring a case to trial. However, a recent and unfortunate rule change means this clock no longer starts at your arrest. It now only begins when the prosecutor formally files a charging document called an “Information.” This allows the State to delay for weeks or months after your arrest while your speedy trial clock hasn’t even started ticking. Because this statutory right has been weakened, your second and more powerful right—the one found in the Sixth Amendment to the U.S. Constitution—is more important than ever. The constitutional right protects you from unreasonable delays in your case, even when the statutory clock isn’t running. A real-life Florida case, Niles v. State, is a perfect example of how this can lead to a complete dismissal of even the most serious charges.

But there is a second, more powerful right found in the Sixth Amendment to the U.S. Constitution. This right protects you from unreasonable delays in your case, even if the 175-day clock hasn’t run out. A real-life Florida case, Niles v. State, is a perfect example of how this constitutional right can lead to a complete dismissal of even the most serious charges.

Has Your Case Been Delayed for Over a Year in Orlando? A long delay caused by the government’s negligence may be a violation of your constitutional rights. Call my office to analyze the specifics of your case. Call John Guidry: (407) 423-1117

A Real-World Example: The 8-Year Delay in Niles v. State

• The Charge: In March of 2000, prosecutors in Florida filed charges for lewd or lascivious molestation against Mr. Niles and issued a warrant for his arrest.
• The Delay: Mr. Niles was not arrested on that warrant until August of 2008—more than eight years later.
• The Reason: The Sheriff’s Office simply failed to enter the warrant into the national crime database. Mr. Niles was not hiding; he was a retired military veteran receiving monthly benefits, had a known address and Social Security Number, and even re-entered the country using his passport several times during those eight years.
• The Result: After a long legal battle, an appellate court threw out his convictions because the eight-year delay, caused entirely by the government’s negligence, violated his constitutional right to a speedy trial.

The 4-Factor Test for a Constitutional Speedy Trial Violation

Unlike the 90/175-day rule, the Sixth Amendment doesn’t have a specific timeframe. Instead, courts use a four-factor balancing test from the U.S. Supreme Court case Barker v. Wingo to determine if a violation has occurred.

1. The Length of the Delay: The delay must be long enough to be considered “presumptively prejudicial.” In Florida, this is generally a delay of one year or more. Niles’s eight-year delay easily met this standard.
2. The Reason for the Delay: The court looks at why the case was delayed. Delays caused by the defendant don’t count, but delays caused by the government’s negligence—like the Sheriff’s office failing to enter the warrant—weigh heavily against the State.
3. The Defendant’s Assertion of the Right: The court considers whether the defendant demanded a speedy trial once they were aware of the charges. Niles did this immediately after his arrest, which weighed in his favor.
4. Prejudice to the Defendant: A long delay can harm a person’s ability to defend themselves—memories fade, witnesses disappear, and evidence is lost. In cases of extreme delay like Niles’s, the court will presume prejudice and shift the burden to the State to prove the delay caused no harm, which is almost impossible for them to do.

John’s Takeaways

• You have TWO speedy trial rights in Florida: one under state rules (90/175 days) and a separate, broader one under the U.S. Constitution.
• The constitutional right protects against unreasonable pre-trial delays, especially those of a year or more caused by the government’s negligence.
• Courts use a 4-factor balancing test to determine if a constitutional speedy trial violation has occurred.
• If the delay is long and caused by the government, the court can presume it was prejudicial to your defense and dismiss the case entirely, as they did in Niles v. State.
• Fighting these violations can be a long battle, as the courts in the Niles case got it wrong three times before the appellate court finally got it right. A persistent defense attorney is key.

I have been defending clients in Orange, Seminole, Osceola, Lake, Brevard, and Volusia County since 1993. If you believe your case has been unfairly delayed, call my office. Let’s discuss your rights.

If you’d like to stop reading about speedy trial, but watch a great video instead, check out my video entitled: 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.