If you were arrested for DUI or another criminal traffic offense in Tampa, the date on your citation may matter more than the date the State files its paperwork. Rocky Brancato, founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, is a member of the National College for DUI Defense and a former COO of the Hillsborough County Public Defender’s Office, overseeing a staff of over 100 attorneys. Our attorneys track every speedy trial date from the first day of the case, because a missed deadline is one of the few defenses the State creates on its own.

What is Florida’s speedy trial rule?

Florida’s speedy trial rule is Florida Rule of Criminal Procedure 3.191, a court rule that sets deadlines for bringing a criminal case to trial. It works separately from the constitutional right to a speedy trial, and it gives defendants a procedure for enforcing those deadlines. Rule 3.191 applies to misdemeanors and felonies, including criminal traffic offenses such as DUI, driving while license suspended, and reckless driving.

The rule has two tracks. Without any action by the defense, the State must bring the case to trial within a fixed period. With a written demand, the defense can shorten that period. The table below shows the deadlines in the current rule.

When does the speedy trial clock start after the 2025 rule change?

Since July 1, 2025, the speedy trial clock in Florida starts when the person is formally charged, not when the person is arrested. The Florida Supreme Court made that change in In re Amendments to Florida Rule of Criminal Procedure 3.191, 411 So. 3d 385 (Fla. 2025), a rules case in which the Court rewrote the speedy trial rule on its own motion. Under the amended rule, a person is formally charged by information, by indictment, or, for misdemeanors, by “whatever documents constitute a formal charge.”

The 2025 amendment made four main changes. The clock now starts at formal charge. The State’s recapture period grew from 10 days to 30 days and became mandatory in every case. A discharge under the rule is now without prejudice, which means the State can refile, unless the court finds a violation of the constitutional speedy trial right. The deadline for trial after a demand was extended from 50 to 60 days.

The Court had moved in this direction before. In Davis v. State, 286 So. 3d 170 (Fla. 2019), a man was detained and questioned about a crime but not formally arrested until later, and the Court held the detention did not start the speedy trial clock. Justice Labarga dissented from the 2025 amendment, writing that it would “further relax” the rule and leave people under long investigations in “procedural limbo.”

The 2025 amendment also changed Florida Rule of Criminal Procedure 3.134, which limits how long a person can wait for formal charges. Those deadlines now act as the outer guardrail before the speedy trial clock begins.

Does a later charge from the same arrest get its own speedy trial clock?

It depends on whether the later charge comes from the same criminal episode. Rule 3.191(o) bars the State from avoiding a speedy trial deadline by dropping a charge and filing “new and different charges based on the same conduct or criminal episode,” and that language survived the 2025 amendment. A separate crime gets its own clock, even when police found the evidence during the same arrest.

The Second District Court of Appeal, which hears appeals from Hillsborough County, applied that rule in State v. Muhammad, No. 2D2025-0756 (Fla. 2d DCA Nov. 6, 2026), a Hillsborough County drug case. During an April 2024 traffic stop, a detective saw a bottle and a cup of purple liquid in the center console, and a search turned up fentanyl and cocaine hidden in a sock under the hood. Muhammad was arrested that day for the hidden drugs, and the State dropped those charges a few weeks later. The lab took more than seven months to analyze the liquid, and in January 2025 the State charged him with trafficking in hydrocodone. The trial court discharged him under the speedy trial rule, finding that both charges came from one episode. The Second District reversed.

The court held that keeping the liquid within reach to drink and hiding the other drugs under the hood for transport were separate criminal acts, so the clock on the trafficking charge did not start until the January 2025 arrest. The opinion makes four points a defendant should know:

1. The test looks at what the defendant did, not at how the police happened to find the evidence.
2. Crimes discovered at the same time are not automatically one criminal episode. The conduct must be the same, not merely related.
3. The defendant carries the burden of showing a link between the later charge and the conduct behind the first arrest.
4. Whether the State had probable cause for the later crime at the first arrest does not matter, because the State is not required to arrest a person for every crime it could charge.

Two of the three judges concurred only in the result, so the reversal is binding but the written reasoning did not draw a majority. Muhammad was also decided under the pre-2025 rule, when an arrest started the clock. The “conduct or criminal episode” language it applied still appears in the current rule, so the same question arises whenever the State adds a charge after the first one is filed or dropped.

When the State files a new charge months after an arrest, our attorneys compare it line by line with the conduct described in the original arrest report, because a discharge argument rises or falls on proving that both charges rest on the same acts. That comparison matters most in drug cases, where a lab result can arrive long after the arrest, as it did in Muhammad. Our Tampa drug crimes attorney page explains how our firm defends possession and trafficking charges.

When does the speedy trial clock start in a DUI or criminal traffic case?

In a criminal traffic case, the speedy trial clock starts on the date of arrest or the date a traffic citation, notice to appear, summons, information, or indictment is issued in lieu of arrest, whichever occurs first. That rule comes from a Florida Supreme Court decision issued October 22, 2026, In re Amendments to Florida Rules of Traffic Court 6.100, 6.160, and 6.325, No. SC2025-1377 (Fla. Oct. 22, 2026), in which the Court amended Florida Rule of Traffic Court 6.160 to match the 2025 changes to rule 3.191. The amendment takes effect January 1, 2027, at 12:01 a.m.

Rule 6.160 says the criminal rules govern traffic cases and defines when the speedy trial period begins. Before the amendment, rule 6.160 said a traffic defendant was “taken into custody” for rule 3.191 purposes when arrested or served with a citation. After July 1, 2025, rule 3.191 no longer used the phrase “taken into custody.” The new rule 6.160 replaces it with “formally charged” and ties formal charge to the arrest or the citation, whichever occurs first.

This matters most in county court misdemeanor cases. In our experience in Hillsborough County, on a misdemeanor DUI the State Attorney’s Office often files its information weeks after the arrest, and until then the citation is the only charging document. Under the amended rule 6.160, those weeks count. The 90-day misdemeanor period for a DUI charge or another criminal traffic charge runs from the arrest or citation, not from the later information. Our Tampa criminal traffic attorney page explains how our firm defends these charges.

The Court’s opinion does not say how the amendment applies to cases already pending on January 1, 2027. Our attorneys check the arrest date, the citation date, and the filing date in every pending traffic case so no time is lost in the transition.

Does speedy trial apply to a civil traffic ticket?

A civil traffic infraction, such as a speeding ticket with no criminal charge, has its own 180-day time limit under Florida Rule of Traffic Court 6.325, measured from the date the citation is served. That limit does not apply to an infraction that is attached to or consolidated with a criminal traffic charge. The Traffic Court Rules Committee proposed changes to rule 6.325 and rule 6.100, then withdrew them, so those rules did not change.

Justice Tanenbaum wrote separately in the October 22, 2026, decision to explain that the 180-day limit for infractions is administrative. In his view, no constitutional speedy trial right attaches to a noncriminal infraction, the rule creates no right on its own, and a dismissal under it would be without prejudice unless the one-year limitation period for noncriminal violations in section 775.15(2)(d), Florida Statutes, has run. He suggested the rule’s title and its use of the word “entitled” be revised. The current text of rules 6.160 and 6.325 appears in the Florida Rules of Traffic Court published by The Florida Bar.

How do you enforce speedy trial in Florida?

A defendant enforces the speedy trial rule by filing a notice of expiration of speedy trial time after the deadline passes. The court must then hold a hearing within 5 days and, unless the delay falls within one of the rule’s exceptions, order the State to bring the case to trial within 30 days. The steps work in this order:

1. The deadline passes. The 90-day or 175-day period runs out, or the 60-day period after a demand runs out, without a trial.
2. The defense files a notice of expiration. Nothing happens automatically. The defendant must file the notice.
3. The court holds a hearing within 5 days. The judge decides whether the delay was caused by the defense or falls within another exception.
4. The State gets a 30-day recapture period. Since July 1, 2025, this period is mandatory before any remedy.
5. Discharge if the State still does not try the case. The defendant is discharged from the crime, without prejudice unless the court finds the constitutional speedy trial right was violated.

Because a discharge is now usually without prejudice, the statute of limitations often decides whether the State can refile. Under section 775.15, Florida Statutes, a first-degree misdemeanor must be prosecuted within 2 years and a second-degree misdemeanor within 1 year. A first DUI carries up to 6 months in jail and a fine of $500 to $1,000 under section 316.193(2)(a), Florida Statutes, so the stakes of a lost deadline are real on both sides.

How many criminal traffic cases does Hillsborough County handle?

Hillsborough County opens nearly 2,000 criminal traffic citations a month on average, more than all other county criminal cases combined. From October 2024 through January 2025, the Hillsborough County Clerk of Court’s monthly outputs report for county fiscal year 2024-25 shows 7,977 criminal traffic citations opened, compared with 5,198 other county criminal cases. That volume is one reason speedy trial dates matter in county court.

National standards set a much faster pace than many courts reach. The Model Time Standards for State Trial Courts, published by the National Center for State Courts and approved in 2011 by the Conference of Chief Justices, the Conference of State Court Administrators, the American Bar Association, and the National Association for Court Management, call for 75% of misdemeanor cases to be resolved within 60 days and 98% within 180 days. A 2023 article in Judicature by William Raftery of the National Center for State Courts reported that a 2021 study of 1.2 million felony and misdemeanor cases in 21 states found no court that consistently met the model standards.

Is the constitutional right to a speedy trial different from the rule?

Yes. The constitutional right to a speedy trial comes from the Sixth Amendment and Article I, section 16 of the Florida Constitution, and it applies even when rule 3.191 has been satisfied or does not apply. Courts weigh four factors from Barker v. Wingo, 407 U.S. 514 (1972), the U.S. Supreme Court case in which a Kentucky defendant waited more than five years for trial: the length of the delay, the reason for it, whether the defendant asserted the right, and the prejudice to the defendant.

The two protections now work together in a new way. Under the 2025 amendment, a discharge under rule 3.191 is with prejudice only when the court also finds a constitutional violation. Our firm explains the constitutional side in more detail in our post on the constitutional right to a speedy trial in Florida.

Should you demand a speedy trial in a Florida DUI case?

Sometimes, and only after the defense has the evidence it needs. A demand for speedy trial forces the State to try the case within 60 days, but it also binds the defense to be ready for trial in that window. A defendant who files a demand and then asks for a continuance usually loses the benefit of the demand.

Our attorneys look at three questions before recommending a demand. Has the State provided the body camera video, breath or blood results, and maintenance records? Is the State’s case weaker on a fast timeline, for example because a witness or lab analyst is hard to schedule? Would the defense lose anything important, such as time to retain an expert, by moving fast? In a reckless driving or driving while license suspended case, the answers can differ from a DUI. A speedy trial demand also affects plea negotiations, which we cover in our post on what happens if you reject a plea deal in Florida.

What should you do now if you were charged with a criminal traffic offense?

Write down the date of your arrest and the date on your citation, and keep every document the officer gave you. Those dates may start your speedy trial clock under the amended rule 6.160, and the clock keeps running whether or not you have a lawyer.

Then talk to a defense attorney before the case moves forward. If you were arrested but the State has not filed an information yet, representation before charges are filed can shape what the State files. In Hillsborough County criminal court, our office is two blocks from the courthouse, and our attorneys can calendar the deadlines in your case from the first day.

For how this fits into the rest of a case, see our stage-by-stage guide to the Florida criminal case process.

Frequently asked questions

Does the speedy trial clock start at arrest in a Florida DUI case?

Starting January 1, 2027, yes: in a DUI or other criminal traffic case, the clock starts at the arrest or the issuance of a citation in lieu of arrest, whichever occurs first. Our attorneys at The Brancato Law Firm confirm those dates from the citation and arrest report in every DUI case we defend.

How many days does the State have to try a misdemeanor in Florida?

The State has 90 days from formal charge to try a misdemeanor without a demand, and 60 days after the defense files a demand for speedy trial. The Brancato Law Firm tracks both deadlines and the 30-day recapture period that follows a notice of expiration.

Can a Florida DUI be dismissed for a speedy trial violation?

Yes, but the dismissal is usually without prejudice, so the State can refile unless the statute of limitations has run or the court finds a constitutional violation. When a deadline passes, The Brancato Law Firm files the notice of expiration and holds the State to the 30-day recapture period in rule 3.191.

Can the State file a new charge after my speedy trial time has run?

Yes, if the new charge comes from a separate criminal episode, because each episode carries its own speedy trial clock. The Brancato Law Firm tests a late-filed charge against the original arrest report, the same comparison the Second District made in State v. Muhammad in November 2026, to see whether it rests on the same conduct.

Does speedy trial apply to a speeding ticket in Florida?

A civil speeding ticket falls under a separate 180-day limit in Florida Rule of Traffic Court 6.325, and Justice Tanenbaum’s October 2026 concurrence says any dismissal under that rule would be without prejudice. The Brancato Law Firm handles criminal traffic charges, and we can tell you quickly whether a ticket is civil or criminal.

Should I demand a speedy trial in my traffic case?

Only after reviewing the evidence, because a demand requires the defense to be ready for trial within 60 days. Our team at The Brancato Law Firm weighs the discovery, the witnesses, and the plea offer before recommending a demand in any criminal traffic case.

What if the State has not filed charges since my arrest?

The State must file formal charges within 30 days if you are in jail and within 60 days if you are on pretrial release, or the court must release you under rule 3.134. The Brancato Law Firm uses that window for pre-file advocacy, presenting facts to the prosecutor before a charging decision is made.

For more about our defense strategies, visit our Tampa criminal traffic lawyer page.

Your speedy trial clock may already be running. Call The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, at (813) 727-7159 to have our attorneys review your arrest and citation dates and calendar every deadline before the 90-day window closes. Call us at any hour. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French. Read our guide for Spanish-speaking criminal defense clients in Tampa.

The Brancato Law Firm, P.A.
620 E. Twiggs Street, Suite 205, Tampa, FL 33602
(813) 727-7159
Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

A Florida judge deciding whether to postpone a trial asks one practical question: will the defense be unfairly hurt if the case goes forward today? I have argued that question for more than 25 years in Hillsborough County courtrooms, including more than 150 jury trials to verdict, first in public defense and now as founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm. Our attorneys ask for more time when the case needs it, oppose delay when the State is not ready, and build the record so a wrongly denied continuance can be fixed on appeal.

What is a continuance in a Florida criminal case?

A continuance is the postponement of a hearing or trial to a later date. Florida Rule of Criminal Procedure 3.190 defines it as “the postponement of a cause for any period of time” and allows the court to grant one on motion of the State, the defense, or on its own motion “for good cause shown.” The rule requires the motion to be made before or when the case is set for trial unless the reason arose later, and it must include counsel’s certificate that the motion is made in good faith.

Continuances are routine. Most felony cases are reset several times while discovery, depositions, and plea negotiations proceed. The fight comes at trial, when one side is ready and the other is not.

What are good reasons for a continuance?

Good cause is any reason that makes going forward unfair or impossible. The 13th Judicial Circuit’s standard motion for continuance form for Hillsborough County lists the grounds judges see most often:

• Defense counsel needs more time to prepare or investigate
• Illness of a witness, a party, or the attorney
• A witness or attorney is unavailable
• The other side disclosed evidence late
• A witness or the alleged victim could not be deposed
• A question about the defendant’s competency to proceed
• New counsel was appointed or retained

In our experience, judges in the 13th Circuit weigh how old the case is, how many times it has been continued, and whether the request is made early or on the morning of trial. When a defendant moves for the continuance, the Hillsborough form requires counsel to state that the client was consulted, has no objection, and understands that speedy trial is waived if the motion is granted. Our attorneys explain that trade-off to every client before we sign it.

Does asking for a continuance waive speedy trial in Florida?

Usually, yes. Under Florida Rule of Criminal Procedure 3.191, the State must try a misdemeanor within 90 days and a felony within 175 days of formal charging, but a defense continuance generally waives those periods. In State v. Naveira, 873 So. 2d 300 (Fla. 2004), the Florida Supreme Court held that a defendant who asked for a continuance during the recapture period could not then be discharged, quoting the rule that a defense request for continuance, absent State misconduct or discovery violations, “waives the 175 day ‘speedy trial’ time.”

The constitutional right to a speedy trial survives a continuance, but it is harder to win. Section 918.015, Florida Statutes gives both the State and the defendant the right to a speedy trial. Our guide to how speedy trial works in Florida explains the 2025 rule change and how the notice of expiration works.

When does a denied continuance get a conviction reversed?

A conviction is reversed when the record shows a palpable abuse of discretion that caused the defendant undue prejudice. When the request involves a missing witness, Florida courts require the defense to show prior due diligence to get the witness there, that the testimony would be substantially favorable, that the witness was available and willing, and that denying the continuance caused material prejudice.

In Surratt v. State, 407 So. 3d 1270 (Fla. 2d DCA 2025), a Pasco County woman charged with aggravated child abuse relied on one witness, a board-certified radiologist who would testify that an undiagnosed bone disease, not abuse, explained the child’s injuries. On the morning of trial, the expert would not fly in from California. The judge refused to let her testify remotely and refused a continuance, the jury convicted, and the court imposed 30 years in prison. The Second District reversed, finding the expert’s testimony “critical to her defense” and the denial unduly prejudicial. Our Tampa child abuse attorney page describes how our firm uses medical experts in these cases.

Late changes by the State can also require a continuance. In Turner v. State, 311 So. 3d 185 (Fla. 2d DCA 2020), a Sarasota County case, the State added a first-degree burglary charge less than a week before trial and listed three new police witnesses. The Second District held that denying a continuance was an abuse of discretion and ordered a new trial on the new charge, because the defense had no fair chance to prepare for different elements and a much higher penalty.

How long do continuances delay a criminal case?

Each continuance adds weeks. A National Center for State Courts study, Brian Ostrom and colleagues’ Timely Justice in Criminal Cases: What the Data Tells Us, examined felony cases from 2016 in 136 courts across 21 states and found that each continuance added about 21 days to a case on average. Continuances and hearings were the main drivers of how long cases took, and faster courts averaged 2.5 continuances per felony disposition compared with 3.2 in slower courts.

Hillsborough County’s docket shows the pressure. The 13th Judicial Circuit received 12,317 felony filings and disposed of 10,862 felony cases in FY 2024-25, a clearance rate of 88.2%, according to the Florida courts’ FY 2024-25 Statistical Reference Guide. Florida’s presumptive time standard is 180 days from arrest to final disposition for a felony and 90 days for a misdemeanor under Rule 2.250 of the Florida Rules of General Practice and Judicial Administration, and many cases exceed it.

Can the alleged victim object to a continuance?

Yes. Marsy’s Law, in Article I, Section 16 of the Florida Constitution, gives crime victims the right to proceedings “free from unreasonable delay, and to a prompt and final conclusion of the case.” Prosecutors often raise it when opposing a defense continuance. Some cases involving children carry an added statutory mandate: under section 918.0155, Florida Statutes, prosecutions for child abuse or sexual offenses involving a child under 16 “shall be heard and disposed of as expeditiously as possible.”

Those rules do not override the defendant’s right to a fair trial. They make the record more important. Our attorneys file a written motion that spells out exactly why the time is needed, what will be done with it, and how the client will be prejudiced without it, so the judge can weigh the victim’s interest against a concrete need.

How do our attorneys handle continuances?

1. Decide deliberately. We weigh whether delay helps the client, such as time for an expert or mitigation, or whether pressing for trial puts the State on the clock.
2. Ask early and in writing. A motion filed weeks ahead, with a specific reason, is far more likely to be granted than an oral request on the trial date.
3. Support it with facts. Affidavits, discovery dates, and expert schedules show good cause.
4. Offer alternatives. Remote testimony, a short delay, or a deposition to preserve testimony can save the defense when a full continuance is denied.
5. Preserve the record. If the motion is denied, we proffer what the missing evidence would have shown, which is what made reversal possible in cases like Surratt.

Our Hillsborough County criminal defense attorney page explains the local court process, and our guide to expert witnesses in criminal defense explains why expert scheduling is a common reason for continuances.

Frequently asked questions about continuances in Florida criminal cases

How many continuances can you get in a Florida criminal case?

Florida’s rules set no fixed limit, but each request must show good cause, and judges grow less willing as a case ages. The Brancato Law Firm plans each request so the client does not use up the court’s patience before the time is truly needed.

Can I ask for a continuance to hire a new lawyer?

You can, and courts consider whether the request is made in good faith or to delay. A short continuance for newly retained counsel is often granted when the request is prompt. When our attorneys at The Brancato Law Firm take over a case, we tell the court right away what preparation is needed and how long it will take.

What happens if the State is not ready for trial?

The State must show good cause, and a State continuance does not waive the defendant’s speedy trial rights. Our attorneys at The Brancato Law Firm object when the State is unprepared and use the speedy trial clock to press for dismissal or a better resolution, as explained in our speedy trial guide.

Can a judge deny a continuance if my expert witness is unavailable?

A judge can, but the denial may be reversed if the expert was critical, the defense was diligent, and the absence caused real prejudice, as in Surratt v. State, 407 So. 3d 1270 (Fla. 2d DCA 2025). The Brancato Law Firm schedules experts early and asks for remote testimony as a backup to protect that record.

Do I have to be in court for a continuance hearing?

Often your attorney can handle a continuance without you, but some judges require the defendant’s presence, especially when speedy trial is being waived. The Brancato Law Firm tells clients ahead of time whether they need to appear so they never miss a required court date.

Does a continuance mean my case is going badly?

No. Most continuances reflect ordinary preparation, such as depositions, lab results, or plea discussions. Our attorneys at The Brancato Law Firm explain the reason for each reset so clients know exactly where their case stands.

For how this fits into the rest of a case, see our step-by-step guide to what happens in a Florida criminal case.

Get advice before you agree to more time, or less

Before you agree to a continuance, or push for a fast trial, call The Brancato Law Firm, P.A. at (813) 727-7159. We are available 24/7. Tampa Criminal Defense Attorney Rocky Brancato founded the firm, and our attorneys will review your discovery, your speedy trial dates, and your witnesses, then tell you whether time helps or hurts your case. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French. Read our guide for criminal defense in Spanish and Haitian Creole in Tampa.

For more about our defense strategies, visit our Hillsborough County criminal defense page.

The Brancato Law Firm, P.A.
620 E. Twiggs Street, Suite 205, Tampa, FL 33602
(813) 727-7159
Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

Speedy trial is the rule most defendants have heard of and the one least often won by counting days. In Florida’s courts, discharges under the rule are rare, and the 2025 rewrite narrowed the remedy. I’m Rocky Brancato, founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm. I have spent more than 25 years in Hillsborough County courtrooms, including more than 150 jury trials to verdict, and our attorneys use speedy trial today as a negotiating tool and as a constitutional claim.

This guide explains the rule as it reads after July 1, 2025, how the notice and recapture process works, how continuances waive the rule, and when the constitutional right can still win a dismissal.

What is the right to a speedy trial in Florida?

It is a right protected by the Sixth Amendment, by Article I, Section 16 of the Florida Constitution, and by statute. Section 918.015, Florida Statutes provides that “In all criminal prosecutions the state and the defendant shall each have the right to a speedy trial,” and directs the Florida Supreme Court to set the procedure by rule. That rule is Florida Rule of Criminal Procedure 3.191.

The rule and the constitutional right are different tools. The rule sets fixed time periods and a fixed remedy. The constitutional right has no fixed deadline but can lead to dismissal with prejudice. Our attorneys at The Brancato Law Firm evaluate both in every case that has been pending a long time.

How long does the State have to bring you to trial in Florida?

Under Rule 3.191(a), “every person charged with a crime shall be brought to trial within 90 days if the crime charged is a misdemeanor, or within 175 days if the crime charged is a felony.” The periods apply whether you are in jail or out on bond.

“Formally charged” means charged “by information, or by indictment, or in the case of alleged misdemeanors by whatever documents constitute a formal charge.” An arrest or a notice to appear does not start the clock anymore.

What changed in Florida’s speedy trial rule on July 1, 2025?

The Florida Supreme Court rewrote the rule on its own motion in In re Amendments to Florida Rule of Criminal Procedure 3.191, 411 So. 3d 385 (Fla. 2025), effective July 1, 2025. Four changes matter most.

Justice Labarga dissented. He warned that the formal-charge trigger risks leaving people under long investigations in “procedural limbo,” that 10 days of recapture was “sufficient,” and that discharge with prejudice was “an appropriate check on the State.” For cases that were already pending on July 1, 2025, Florida’s appellate courts so far have applied the earlier version of the rule, as in State v. Hipolito, No. 6D2025-0212 (Fla. 6th DCA Apr. 10, 2026), which also held that a trial court cannot discharge a defendant without first holding the inquiry the rule requires.

How does the notice of expiration work?

The remedy under the rule is no longer automatic. Under Rule 3.191(o), the defense must take these steps:

1. Wait for the period to expire. The 90 or 175 days must run without the case being tried, and without the delay being charged to the defense.
2. File a Notice of Expiration of Speedy Trial Time. The rule gives no remedy until this notice is filed.
3. Attend the hearing. The court must hold a hearing “no later than 5 days” after the notice and, if the defendant is not the cause of the delay, order trial within 30 days.
4. Move for discharge if the State misses the 30 days. A defendant “not brought to trial within the 30-day period through no fault of the defendant, on motion of the defendant, shall be discharged from the crime.”

The rule then adds the key limit: “This discharge shall be without prejudice unless there is a determination that the defendant’s constitutional right to speedy trial has been violated.” Without a constitutional violation, the State can refile.

How do continuances affect your speedy trial rights?

A defense request for a continuance usually waives the rule’s time periods. In State v. Naveira, 873 So. 2d 300 (Fla. 2004), the Florida Supreme Court held that a defendant who asked for a continuance during the recapture window was unavailable for trial and could not be discharged. The Court quoted the general rule that “a defense request for continuance, absent state misconduct, inexcusable delay in providing discovery, or other violation of defense discovery rights, waives the 175 day ‘speedy trial’ time.”

Florida’s Third District has applied that rule so often that it began one opinion, State v. Guzman, 697 So. 2d 1263 (Fla. 3d DCA 1997), with “For at least the sixteenth time.” The practical point is that the decision to ask for more time is also a decision about speedy trial. Our attorneys at The Brancato Law Firm make that choice deliberately, because sometimes the investigation needs the time and sometimes the client needs the State to be ready.

What is the constitutional right to a speedy trial?

The constitutional right has no fixed deadline. Courts weigh four factors from Barker v. Wingo, 407 U.S. 514 (1972): “Length of delay, the reason for the delay, the defendant’s assertion of his right, and prejudice to the defendant.” The length of the delay is “to some extent a triggering mechanism,” and no single factor is “either a necessary or sufficient condition.”

Barker identified three interests behind the prejudice factor: preventing “oppressive pretrial incarceration,” minimizing “anxiety and concern of the accused,” and limiting “the possibility that the defense will be impaired,” which the Court called “the most serious.” A recent Florida case shows how hard these claims are to win without a strong record. In State v. Stouffer, No. 4D2024-0546 (Fla. 4th DCA Feb. 18, 2026), a racketeering case filed in 2012 was dismissed on constitutional speedy trial grounds. The Fourth District reversed. It held the long delay was presumptively prejudicial, but “the state was not the primary cause of the delay, the defendants did not assert their right to speedy trial, and finally the defendants did not meet their burden of showing actual prejudice.”

The lesson from Stouffer is to assert the right on the record early and document every way the delay has hurt the defense: lost witnesses, faded memories, destroyed evidence, and time in custody. When a constitutional violation is proven, the rule now allows discharge with prejudice.

How long does the State have to file charges before trial deadlines even start?

Separate deadlines govern the charging decision. Under Florida Rule of Criminal Procedure 3.134, the State must file formal charges within 30 days for a person held in custody; if it does not, the court orders release on the 33rd day, or the 40th day if the State shows good cause. For a person out on pretrial release, the deadline is 60 days, with release from bond conditions available after 63 days and up to 30 more days for good cause. The remedy under Rule 3.134 is release, not dismissal.

Under Rule 3.133, a person charged with a felony who has not been formally charged within 21 days of arrest can request an adversary preliminary hearing. Because the speedy trial clock now waits for the formal charge, these earlier deadlines matter more than they used to. Our post on how domestic violence charges are filed in Hillsborough County shows how the 30-day window works in practice.

How long do criminal cases take in Hillsborough County?

Longer than the rule’s periods suggest. The Florida courts’ FY 2024-25 Statistical Reference Guide shows the 13th Judicial Circuit received 12,317 felony filings and disposed of 10,862 felony cases that year, a clearance rate of 88.2%, down from 100.5% the year before. A rate below 100% means the pending caseload grew.

Speedy trial discharges are rare. Of 155,206 felony dispositions statewide in FY 2024-25, the same report counts 8 as speedy trial dispositions. Jury trials are uncommon too: the 13th Circuit held 108 felony jury trials that year, about 1.0% of its dispositions. Florida’s court rules set a presumptively reasonable time standard of 180 days from arrest to final disposition for a felony and 90 days for a misdemeanor in Rule 2.250 of the Florida Rules of General Practice and Judicial Administration.

Scholars saw the recapture debate coming. In Florida’s New Speedy Trial Rule: The “Window of Recapture”, 13 Fla. St. U. L. Rev. 9 (1985), Professor John Yetter explained the 1984 creation of the recapture window and argued it must stay short to keep the State’s incentive to meet deadlines. The 2025 rule tripled it.

When should you demand a speedy trial?

Only when you are ready for trial. A Demand for Speedy Trial tells the court the defense is prepared, and once filed, the trial must be set within 60 days. If the State is not ready, the demand can force a dismissal, a better offer, or a trial on a thin case. If the defense is not ready, the demand can backfire.

Holding the State to its deadlines still changes outcomes. In a September 2025 case, a gang beating and kidnapping prosecution ended in a misdemeanor battery plea and probation after our firm declined to waive speedy trial. In February 2025, our attorneys had a felony warrant that had been pending for more than four years quashed and the case dismissed. Past results do not guarantee future outcomes. More results are on our case results page.

What should you do if your case is dragging on?

Take three steps:

1. Find the formal charge date. The information or indictment date now starts the rule’s clock.
2. Check every continuance. Know which ones the defense requested, because those usually waive the rule.
3. Assert the constitutional right in writing. A written assertion is the record a court looks for under Barker.

Our Hillsborough County criminal defense attorney team reviews the docket, the continuance history, and the prejudice to the defense before deciding whether to file a demand, a notice of expiration, or a constitutional motion to dismiss. Our guide on whether criminal charges can be dropped or dismissed in Florida covers the other ways a case can end before trial.

Frequently asked questions about speedy trial in Florida

Can speedy trial get my charges dropped in Florida?

Sometimes. Under the current rule, a missed deadline usually leads to a dismissal without prejudice that the State can refile, while a proven constitutional violation can end the case for good. The Brancato Law Firm evaluates both before deciding which motion to file.

Does the speedy trial clock start at arrest in Florida?

Not anymore. Since July 1, 2025, the 90-day and 175-day periods start when you are formally charged by information, indictment, or a misdemeanor charging document. Our attorneys at The Brancato Law Firm track that date and the separate Rule 3.134 filing deadlines from the first week.

What happens if I waive speedy trial?

You give up the rule’s time periods, usually in exchange for time to investigate or for a diversion program that requires a waiver. The Brancato Law Firm weighs that trade case by case, and you can learn about diversion options on our Hillsborough County criminal defense page.

How long is too long for a criminal case in Florida?

There is no fixed number under the Constitution. Courts first ask whether the delay is long enough to be presumptively prejudicial for that kind of case, and then the reason for the delay, your assertion of the right, and the harm to your defense decide the claim. Our attorneys at The Brancato Law Firm document that harm as the case goes, not at the end.

What is the recapture period in Florida?

It is the mandatory 30 days the State gets to bring a case to trial after the court holds the hearing on a Notice of Expiration of Speedy Trial Time. The Brancato Law Firm files the notice and holds the State to the 30 days, as explained in the Florida Bar’s summary of the 2025 amendments.

Does speedy trial apply if I am out on bond?

Yes. Rule 3.191 applies whether you are in custody or on pretrial release, and the constitutional right protects everyone who has been charged. Our attorneys at The Brancato Law Firm use it for clients on bond whose cases have stalled.

For how this fits into the rest of a case, see our step-by-step guide to what happens in a Florida criminal case.

Talk to our Tampa criminal defense attorneys about a delayed case

If your case has been pending for months, the next decision about speedy trial may be the most important one in it. The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, will review your docket, the continuance record, and the harm the delay has caused, then tell you whether to demand trial, file a notice, or move to dismiss. Call (813) 727-7159 for a free, confidential consultation. You can call us at any hour. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French. Read about our Spanish and Haitian Creole criminal defense services.

For more about our defense strategies, visit our Hillsborough County Criminal Defense page.

The Brancato Law Firm, P.A.

620 E. Twiggs Street, Suite 205, Tampa, FL 33602

(813) 727-7159

Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

Florida gives the State 30 days to file formal charges against a person held in jail. If nothing is filed, the court must order the person released on his or her own recognizance on the 33rd day, or on the 40th day if the State shows good cause, under Florida Rule of Criminal Procedure 3.134. I’m Rocky Brancato, founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, and I have worked inside these deadlines for more than 25 years in Hillsborough County, including as Chief Operations Officer of the Hillsborough County Public Defender’s Office, where I oversaw a staff of over 100 attorneys. In the first week of every case, our attorneys put each deadline below on the calendar and use each stage to press for a decision not to file, a dismissal, a reduced charge, or a trial date the State has to meet.

What are the stages of a criminal case in Hillsborough County?

A criminal case in Hillsborough County follows ten stages set by the Florida Rules of Criminal Procedure, from arrest through sentencing. Felony and misdemeanor cases share the same basic path. The timing, the charging documents, and the penalties differ, and local practices in the 13th Judicial Circuit shape how each stage plays out. The table below shows the order, the usual timing, and the rule that controls each step.

Where is a Hillsborough County criminal case heard?

Felony cases in Hillsborough County are heard in circuit court and misdemeanor cases are heard in county court, and both courts are part of Florida’s 13th Judicial Circuit. Felony matters, bond hearings, and jury trials are handled in downtown Tampa, mainly at the George Edgecomb Courthouse at 800 E. Twiggs Street. Some misdemeanor and criminal traffic cases are set at the Plant City Courthouse, depending on where the arrest happened. Our Hillsborough County criminal defense attorney page covers the local courts, jails, and diversion programs in more detail.

The volume is large. In fiscal year 2024-25 (July 2024 through June 2025), 12,317 felony cases were filed in the 13th Judicial Circuit, according to the Florida Office of the State Courts Administrator’s FY 2024-25 Statistical Reference Guide. In the same year, Hillsborough County recorded 35,951 county criminal filings, made up of 13,004 misdemeanors, 16,970 non-DUI criminal traffic cases, 4,008 DUI cases, and 1,969 ordinance violations, per the OSCA county criminal chapter. With that many cases on the docket, our attorneys file discovery and motions early so a client’s case gets the court’s attention.

How is a felony case different from a misdemeanor case?

A felony carries more than one year of possible incarceration and moves through circuit court, while a misdemeanor carries up to one year in the county jail and moves through county court. The differences show up at almost every stage.

The penalty ranges come from section 775.082, Florida Statutes, and jury size comes from section 913.10. Under Article I, Section 15 of the Florida Constitution, no one can be tried for a capital crime without a grand jury indictment. Every other felony can be charged by an information filed under oath by the prosecutor.

What happens after an arrest in Tampa?

After an arrest anywhere in Hillsborough County, the arresting agency takes the person to the Orient Road Jail for booking, which includes fingerprints, photographs, and personal information. Some people are later housed at the Falkenburg Road Jail. For many charges, a person can post the amount listed on the bond schedule and leave before seeing a judge.

Some arrests do not allow that. Under Rule 3.132(a), a person arrested for one of the dangerous crimes listed in section 907.041, Florida Statutes must not be released from jail before first appearance.

Every phone call from the Orient Road and Falkenburg Road jails is recorded and monitored by prosecutors. Our attorneys tell families on the first call to keep the facts of the case off jail phones. Our guide on what to do after being arrested in Tampa walks through the first 48 hours step by step.

What happens at first appearance in Hillsborough County?

First appearance is a short hearing before a judge within 24 hours of arrest, required by Rule 3.130 for every arrested person who has not already been lawfully released. In Hillsborough County, the person appears by video from the jail while the judge and the lawyers appear from downtown. The judge tells the person the charge, advises of the right to remain silent and the right to counsel, appoints the Public Defender when the person cannot afford a lawyer, and sets bond or release conditions. The State may also ask for pretrial detention, which means holding the person with no bond until trial.

For a warrantless arrest, a judge must also find probable cause, and Rule 3.133(a) requires that finding within 48 hours of arrest for a person in custody. The 48-hour line traces to County of Riverside v. McLaughlin, 500 U.S. 44 (1991). In that case, a California county held people arrested without a warrant for up to two days, not counting weekends and holidays, before any judge reviewed the arrest. The U.S. Supreme Court held that a probable cause determination within 48 hours of a warrantless arrest is generally prompt enough, and that a longer delay puts the burden on the government to show an emergency or other extraordinary circumstance.

Bond decisions shape the rest of the case. In our Hillsborough County practice, we regularly see bonds set high, and pretrial services supervision is not an available option in Hillsborough County, though nearby counties offer it. Research supports the concern. In “The Downstream Consequences of Misdemeanor Pretrial Detention,” 69 Stan. L. Rev. 711 (2017), Paul Heaton, Sandra Mayson, and Megan Stevenson studied misdemeanor cases in Harris County, Texas, and found that detained defendants were 25 percent more likely to plead guilty and 43 percent more likely to be sentenced to jail than similar defendants who were released. Our attorneys prepare the bond argument before first appearance whenever a family calls in time, and our post on how a bond hearing works in Tampa explains the next step when the first bond is too high.

How does the State Attorney decide whether to file charges?

After an arrest, an assistant state attorney in the Office of the State Attorney for the 13th Judicial Circuit reviews the police report, witness statements, and other evidence, then decides whether to file an information, present the case to a grand jury, or decline to file. The charges listed on the arrest affidavit are only the officer’s charges. The State can file the same charges, different charges, fewer charges, or none at all.

Rule 3.134 sets the deadlines for that decision. For a person in custody, the State must file formal charges within 30 days of arrest; if it has not, the court must order release on the person’s own recognizance on the 33rd day, or on the 40th day if the State shows good cause, and no one may stay in custody past 40 days without formal charges. For a person on pretrial release, the State has 60 days; if no charge is filed, the court must order release on recognizance on the 63rd day, or may continue pretrial release for up to 30 more days on a showing of good cause. Separately, under Rule 3.133(b), a person not charged by information or indictment within 21 days of arrest has a right to an adversary preliminary hearing on any pending felony charge. At that hearing the State must prove probable cause through witnesses who testify in person and face cross-examination, and filing an information afterward does not take the right away. If the judge finds no probable cause, the defendant must be released, on his or her own recognizance if charges have since been filed.

This window is where defense work changes outcomes. Through our representation before charges are filed, our attorneys investigate the facts, preserve video and other evidence, and present the assigned prosecutor with the information that supports a decision not to file or a lesser charge. The filing decision is often made within days of the arrest, so this work has to start in the first week.

What changed in Florida’s speedy trial rule in 2025?

Florida’s speedy trial clock now starts when the State formally charges a person, under amendments to Rule 3.191 that took effect July 1, 2025. Before that date, the clock started at arrest.

The change came in In re Amendments to Florida Rule of Criminal Procedure 3.191, 411 So. 3d 385 (Fla. 2025), a rules decision the Florida Supreme Court issued on March 13, 2025, after taking comments and hearing oral argument on its own proposal. The Court made four changes. First, the 175-day felony period and the 90-day misdemeanor period now begin when the person is formally charged by information, by indictment, or for a misdemeanor by whatever documents constitute a formal charge. Second, the recapture period is now mandatory in every case. Third, the recapture period grew from 10 days to 30 days: after the defense files a notice that speedy trial time has expired, the court holds a hearing within 5 days and must order trial within 30 days. Fourth, a discharge under the rule is now without prejudice unless the defendant’s constitutional right to a speedy trial was violated, which means the State can usually refile. Justice Labarga dissented.

The demand procedure still exists. A person charged by information or indictment can file a Demand for Speedy Trial, and the court must set trial no less than 5 and no more than 60 days from the filing of the demand. A demand is a serious step, because it tells the court the defense is ready for trial within that window.

The lesson for anyone charged today is that the speedy trial rule rarely ends a case for good. The constitutional right to a speedy trial still exists under the Sixth Amendment and Article I, Section 16 of the Florida Constitution, and the amended rule provides that a discharge is with prejudice when that constitutional right was violated. Delays the defense asks for count against the defense: in State v. Nelson, 26 So. 3d 570 (Fla. 2010), a defendant asked for a continuance to conduct discovery after the speedy trial period had expired but before he filed a notice of expiration, and the Florida Supreme Court held that the defense continuance waived his rights under the rule’s default period. Our attorneys decide early whether a case is better served by time for depositions and experts or by pressure on the State’s calendar, and we explain that choice to the client before any continuance is requested.

What happens at arraignment?

Arraignment is the hearing where the court formally reads the charge and the defendant enters a plea, which is almost always not guilty at this stage. Under Rule 3.160(a), arraignment is held in open court or by audio-video technology, and a defendant who has a lawyer can have counsel file a written plea of not guilty at or before arraignment, which waives the arraignment hearing.

When the rule allows it, our attorneys file a written plea of not guilty before arraignment so the client does not have to miss work for a hearing that does not change the case. A missed court date is different. When a defendant fails to appear for a required hearing, the judge can issue a capias, which is a bench warrant for arrest. Our post on what to do after missing a court date in Tampa explains how our attorneys move to withdraw a capias before it leads to a new arrest.

How does discovery work in a Florida criminal case?

Discovery is the exchange of evidence between the State and the defense, and it starts when the defense files a notice of discovery under Rule 3.220. Within 15 days after that notice, the prosecutor must serve a discovery exhibit listing the State’s witnesses and disclosing police and investigative reports, the defendant’s written, recorded, and oral statements, tangible evidence, expert reports, and any electronic surveillance. Filing the notice also binds the defense to reciprocal discovery obligations, so the timing of the notice is a strategic decision.

In a felony case, the defense can depose the State’s witnesses under oath, including the arresting officers. In a misdemeanor or criminal traffic case, depositions require a showing of good cause. Separate from the rule, the Constitution requires the State to disclose evidence favorable to the accused. In Brady v. Maryland, 373 U.S. 83 (1963), John Brady was sentenced to death after prosecutors withheld his companion’s statement admitting that the companion did the actual killing. The U.S. Supreme Court held that suppressing evidence favorable to the accused violates due process when the evidence is material to guilt or punishment, whatever the prosecutor’s good or bad faith. Our attorneys review body camera video, 911 recordings, and lab reports line by line, and depose the officers before deciding which motions to file.

What are pretrial hearings and dispo dates in Hillsborough County?

Pretrial hearings are the court dates between arraignment and trial where the judge checks the status of discovery, hears motions, and sets the case for trial. The defense files its key motions in this stretch, including a motion to suppress evidence taken in an illegal stop or search and a motion to dismiss when the undisputed facts do not make out a crime. Rule 3.190 governs those motions.

Some Hillsborough County judges also set dispo dates, short for disposition dates. A dispo date is a status hearing where the judge asks whether discovery is complete, whether motions are pending, and whether the case is ready to resolve or go to trial. Not every judge uses them, so the calendar for the same charge can look different from one division to the next. A pretrial conference usually comes shortly before trial and covers witnesses, exhibits, and any final plea discussions. Our attorneys treat each dispo date and pretrial as a checkpoint: discovery reviewed, motions filed or ready, and the client’s decision about any offer made in advance.

How do most felony cases end in the 13th Judicial Circuit?

Most felony cases in the 13th Judicial Circuit end without a jury trial. In fiscal year 2024-25, the circuit disposed of 10,862 felony cases, and 108 of them, or 1.0 percent, were resolved after a jury trial, compared with 1.3 percent statewide, according to OSCA’s FY 2024-25 Statistical Reference Guide. Of the 9,680 dispositions OSCA counts for its guilty-disposition rate, 8,119, or 83.9 percent, ended in a guilty plea or conviction. The other 16.1 percent ended in a dismissal, a nolle prosequi (the State dropping the charge), or an acquittal. OSCA notes that these rates are not intended as a measure of the efficiency of judges, prosecutors, or public defenders.

Because most cases resolve by plea, the plea stage gets the same preparation as trial. In Missouri v. Frye, 566 U.S. 134 (2012), Galin Frye’s lawyer never told him about a written offer that would have reduced his felony charge to a misdemeanor, the offer expired, and Frye later pleaded guilty to the felony with no agreement. The U.S. Supreme Court held that defense counsel generally must communicate formal plea offers to the client. In my experience trying more than 150 jury trials to verdict, the State’s offers improve when the prosecutor knows the defense is ready to try the case. Our post on how to decide whether to accept a plea bargain in Florida walks through the factors our attorneys review with clients.

What happens at a criminal trial in Hillsborough County?

A criminal trial in Hillsborough County is decided by a jury of six people, or 12 in a capital case, and the State must prove every element of the charge beyond a reasonable doubt. The defendant has the right to confront and cross-examine the State’s witnesses, to call witnesses, and to remain silent without that silence being used against him or her. A trial runs through jury selection, opening statements, the State’s case, the defense case, closing arguments, and jury instructions before the jury deliberates. Our attorneys prepare every case for trial from the start, because the trial file is also the strongest negotiating file.

How does sentencing work after a plea or verdict?

Felony sentencing in Florida starts with a Criminal Punishment Code scoresheet, which totals points for the offense, any victim injury, and prior record. Under section 921.0024, Florida Statutes, a total of 44 points or fewer means the lowest permissible sentence is any nonstate prison sanction, such as probation or county jail, unless the judge decides prison is appropriate. Above 44 points, the lowest permissible sentence in prison months is the total minus 28, multiplied by 0.75. A score of 60 points, for example, produces a lowest permissible sentence of 24 months in prison. The judge can sentence anywhere from that floor up to the statutory maximum.

A judge can go below the scoresheet floor only with a legal reason for a downward departure under section 921.0026. The statute lists mitigating circumstances such as a legitimate, uncoerced plea bargain, a defendant who was a relatively minor participant, a defendant whose capacity to appreciate the criminal nature of the conduct was substantially impaired, and a case where the need for restitution outweighs the need for prison. Misdemeanor sentences are capped at one year in the county jail for a first-degree misdemeanor and 60 days for a second-degree misdemeanor. Hillsborough County also offers Pretrial Intervention, misdemeanor diversion, Drug Court, Veterans Treatment Court, and Mental Health Court for eligible cases. Our attorneys start the mitigation record and the scoresheet review months before the sentencing date.

Why do the first 30 days after an arrest matter most?

The first 30 days after an arrest decide bond, the filing decision, and often the charge the case will carry to the end. Each of these deadlines runs from the date of arrest.

Once formal charges are filed, the speedy trial periods of 175 days for a felony and 90 days for a misdemeanor begin. By that point, the bond is set, the charge is chosen, and the State’s file has taken shape. The work our attorneys do in the first week, before those decisions are locked in, is the work most likely to change them.

For how this fits into the rest of a case, see our guide to each stage of a Florida criminal case.

Frequently asked questions

How long does a felony case take in Hillsborough County?

A felony case in Hillsborough County has no fixed length, but the speedy trial rule gives the State 175 days from formal charging to try the case unless the defense waives that time. Our attorneys at The Brancato Law Firm often ask for more time when depositions or expert review will help the client, and we tell the client first that a defense continuance usually waives the rule’s deadline, as the Florida Supreme Court held in State v. Nelson.

Can charges be dropped before arraignment in Hillsborough County?

Yes, the State Attorney’s Office can decline to file charges after an arrest, and it can drop filed charges at any time by entering a nolle prosequi. The Brancato Law Firm presents evidence to the assigned prosecutor during the filing window through our pre-file advocacy work, because that is the point where a decision not to file is most realistic.

Do I have to go to arraignment if I have a lawyer in Hillsborough County?

Usually not, because under Rule 3.160(a) a defendant represented by counsel can have the lawyer file a written plea of not guilty at or before arraignment, which waives the hearing. At The Brancato Law Firm, we file that written plea whenever the rule allows and confirm every future court date with the client in writing.

What happens if I miss a court date in Hillsborough County?

A judge can issue a capias, a bench warrant for arrest, when a defendant misses a required court date. The Brancato Law Firm moves to withdraw the capias and sets a hearing as quickly as possible, often before the client is picked up, as our guide to handling a missed court date in Tampa explains.

What happens if the State has not filed charges 30 days after a jail arrest?

The court must order release on the person’s own recognizance on the 33rd day unless the State files formal charges, or on the 40th day if the State shows good cause, under Rule 3.134. Our attorneys at The Brancato Law Firm track that deadline from the day of arrest and raise it with the court on time; our Hillsborough County defense lawyers page lists the courts and jails where these hearings happen.

Is first appearance the same as a bond hearing in Tampa?

No, first appearance is the hearing within 24 hours where a judge first sets bond, and a bond hearing is a later hearing where the defense asks the court to lower bond or change the conditions. The Brancato Law Firm files the motion for a bond hearing when the first-appearance bond is out of reach for the family, as described in our post on bond hearings in Tampa.

Will my felony case go to trial in Hillsborough County?

Probably not, since in fiscal year 2024-25 only 1.0 percent of felony dispositions in the 13th Judicial Circuit came after a jury trial, according to OSCA. The Brancato Law Firm still prepares each case as if it will be tried, because that preparation is what moves a prosecutor’s offer, and our guide to weighing a Florida plea offer explains how we evaluate one.

For more about our defense strategies, visit our Hillsborough County criminal defense page.

In the first week, our attorneys pull the arrest report and the booking record, contact the assigned prosecutor before the filing decision is made, and prepare the bond argument or the motion to reduce bond. The Brancato Law Firm, P.A. was founded by Tampa Criminal Defense Attorney Rocky Brancato and defends people charged in Hillsborough, Pinellas, and Pasco Counties. The State has 30 days to charge a jail case, and the time to shape that decision is now. Call us at any hour at (813) 727-7159.

The Brancato Law Firm, P.A.
620 E. Twiggs Street, Suite 205, Tampa, FL 33602
(813) 727-7159
Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.