Florida Criminal Procedure

Speedy Trial in Florida

The State does not have forever to bring you to trial. Here is how Florida’s speedy trial clock works — and how it can be lost or used strategically.

Attorney-Reviewed Statute Resource
Reviewed by Jeff T. Gorman, Criminal Defense Attorney & Former 19th Circuit Prosecutor (Fla. Bar #538183). Last reviewed: June 2026

The 90/175-Day Rule

Under Florida’s speedy trial rule, the State must bring you to trial within 90 days for a misdemeanor or 175 days for a felony, measured from arrest — unless the defense waives the right or the court grants an extension.

The Governing Statute
Fla. R. Crim. P. 3.191 — Speedy Trial
"Every person charged with a crime shall be brought to trial within 90 days if the crime is a misdemeanor, or within 175 days if the crime is a felony, absent waiver or extension."
Read the full statute on Online Sunshine →

Importantly, most defense continuances waive speedy trial. So the rule is a strategic tool, not an automatic dismissal — using it well requires judgment about whether faster or slower serves your case.

Notice of Expiration

If the time runs without a valid waiver, the defense can file a Notice of Expiration of Speedy Trial. The court then sets a hearing, and the State typically has a short "recapture" window (usually 10–15 days) to bring the case to trial. If it still fails, the charges can be dismissed.

Frequently Asked Questions

How long does the State have to bring me to trial in Florida?
Under the speedy trial rule, 90 days for a misdemeanor and 175 days for a felony from the date of arrest — unless the defense waives the right or the court grants an extension.
Does asking for a continuance waive speedy trial in Florida?
Usually yes. Most defense-requested continuances waive the speedy trial period, which is why the decision to invoke or waive speedy trial is a strategic one made with your attorney.

Charged Under This Statute?

A statute on a page is not the same as your case. Talk to an attorney who has handled these charges — free, confidential.

This page summarizes Fla. R. Crim. P. 3.191 for general informational purposes and is not legal advice. Statutes change; while this page is reviewed by a licensed Florida attorney, always verify the current text on the official Online Sunshine source or consult an attorney about your specific situation. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.