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The post below was published on Wednesday, October 20th, 2010 at 10:12 AM.

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Certified Conflict: Speedy Trial

Rule 3.191 sets out a right to a speedy trial. For instance, a defendant charged with a felony who does not demand a speedy trial must be brought to trial within 175 days of being taken into custody. If charges are not brought within that period, the defendant cannot be prosecuted.

What happens if the state files an information at the end of the speedy trial period but does not notify the defendant of the charges until after, maybe long after, the period expires? Is the defendant entitled to discharge? Multiple districts have said yes, but in this case, the Fifth District said no and certified conflict.

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