The Constitutional Right to Speedy Trial – Now More Important Than Ever in Florida

If you’re facing criminal charges in Tampa or Hillsborough County, you may feel like your case is dragging on forever. Months—or even years—can pass before you get your day in court. But did you know that the U.S. Constitution and the Florida Constitution both guarantee your right to a speedy trial? If your case has been unreasonably delayed, you could have grounds for dismissal.

At The Brancato Law Firm, P.A., we understand how crucial it is to fight for your right to a timely trial. A delay can impact your ability to defend yourself, disrupt your life, and even lead to wrongful convictions. Let’s break down what you need to know about your constitutional right to a speedy trial and how it could impact your case.

What Is the Constitutional Right to a Speedy Trial?

Under the Sixth Amendment to the U.S. Constitution and Article I, Section 16 of the Florida Constitution, every person accused of a crime has the right to a speedy trial. U.S. v. MacDonald, , 102 S.Ct. 1497, 71 L.Ed.2d 696 (1982). This means the government cannot lawfully delay your case without justification. If law enforcement or prosecutors delay bringing your case to trial without a valid reason, your defense attorney can argue that your constitutional rights have been violated.

Constitutional Speedy Trial vs. Speedy Trial by Rule

It is important to distinguish between constitutional speedy trial rights and speedy trial by rule, which is a judicially created rule under Florida Rule of Criminal Procedure 3.191. The constitutional right applies to all criminal prosecutions and is determined through case law (see Barker v. Wingo, 407 U.S. 514, 92 S.Ct. 2182, 33 L.Ed.2d 101 (1972)), while Florida’s speedy trial rule sets specific timeframes and procedures for trial through a rule of criminal procedure.

Why Constitutional Speedy Trial is More Important Than Ever

The Florida Supreme Court recently made significant changes to Florida’s speedy trial rule. For a discussion on Speedy Trial by Rule and the key changes taking effect in Florida on July 1, 2025, see our blog post: Key Changes to Florida’s Speedy Trial Rule Effective July 1, 2025. After reading that post, you will see that the right to Constitutional speedy trial is now more important than ever, as the Rule of Criminal Procedure has been greatly watered down. Skilled Tampa Attorneys may need to go back to the basics–our U.S. Constitution and the Sixth Amendment.

When Does a Delay Become a Violation?

The courts determine whether your right to Constitutional speedy trial has been violated by applying a balancing test established in Barker v. Wingo (1972). Four key factors are considered:

1. Length of the Delay – How long has your case been pending? Courts have ruled that delays over a year are typically “presumptively prejudicial.” U.S. v. Greer, 655 F.2d 51 (5th Cir. 1981); State v. Union, 469 So. 2d 840 (Fla. 2d DCA 1985). In Florida, courts have dismissed cases after delays as short as 14-17 months. See Howell v. State, 418 So.2d 1164 (Fla. 1st DCA 1982).
2. Reason for the Delay – Was the delay caused by prosecutorial negligence, misconduct, or an intentional attempt to gain an advantage? If the state is responsible for an excessive delay, you may have a strong argument for dismissal See State v. Jenkins, 899 So. 2d 1238 (Fla. 4th DCA 2005); Seymour v. State, 738 So. 2d 984 (Fla. 2d DCA 1999).
3. Defendant’s Assertion of the Right – Did you or your attorney demand a speedy trial? If you haven’t raised the issue, it can weaken your claim Barker v. Wingo, 407 U.S. 514 (1972); State v. Blankenship, 422 So. 2d 1059 (Fla. 2d DCA 1982).
4. Prejudice to the Defendant – Has the delay harmed your case? If key witnesses’ memories have faded, evidence has been lost, or you’ve suffered personal and financial hardship due to a prolonged case, the court may find that your rights have been violated. See Doggett v. U.S., 505 U.S. 647, 112 S.Ct. 2686, 120 L.Ed.2d 520 (1992); Hallman v. State, 462 So. 2d 120 (Fla. 2d DCA 1985).

What Happens If Your Right to Constitutional Speedy Trial Is Violated?

If a court determines that the government unreasonably delayed your trial, the remedy is case dismissal. That means your charges are dropped, and you walk away free of further prosecution. See Barker v. Wingo, 407 U.S. 514 (1972). This is one of the most powerful constitutional protections available to defendants.

How Prosecutors Try to Justify Delays

Prosecutors often attempt to excuse trial delays by arguing that:

• The case is complex and requires extensive investigation.
• The delay was unintentional or caused by an overburdened court system.
• The defendant contributed to the delay (e.g., by filing motions or changing attorneys).

However, these excuses don’t always hold up in court. If you’ve been waiting too long for your day in court, The Brancato Law Firm, P.A. can challenge these delays and fight to have your charges dismissed.

Protect Your Rights – Call The Brancato Law Firm, P.A. Today

If your case has been dragging on for months—or even years—you don’t have to accept it. Tampa attorney Rocky Brancato has over 25 years of experience fighting for the rights of defendants in Tampa and Hillsborough County. He knows how to challenge unfair delays and hold the prosecution accountable.

Don’t let the state take its time while your life is on hold. Call The Brancato Law Firm, P.A. today at 813-592-8981 to schedule a consultation. Let’s take action and fight for your freedom. Put Rocky in your corner today!