.

IN TilE CIRCUIT COURT OF TilE JUDICIAL

lN AND FOR FLORIDA
Defendant
Vs.
STATE OF FWRIDA
Respondent.
CRIMINAL DIVISION
Case No.:(s)_
EMERGENCY MOTION TO DISMISS
Comes now,. 1he Defendant. Pro-se., pursuant to Rules 1.420 (e), Florida Rules of Civil
Procedure; and 3.191 (DXJ) Florida Rules of Criminal Procedure. Herein,. moves this
Honorable court to grant dismissal in the above - styled case, therein discharging
Defendant from any further prosecution or custody in this case at bar. In support of this
action,. Defendant hereby presents the following for review:
FACfUAL BASIS
I. Defendant was arrested on:
2. Defendant was charged with:
3. Defendant was detained within the County Jail smce:
approximately days.
4. Defendant has constitutionally guaranteed effective assistance of legal counsel in the
form of _a court-appointed Public Defender; _ a special appointed attorney; _ a
private attorney; _no one.
1
5. The Defendant has an absolute constitutional right to speedy trial without demand
within the time ftame of 175 days after a felony arrest and 90 days after a misdemeanor
arrest.
6. The Government failed to initiate the trial within said time ftame.
1. The failure to prosecute resulted. ftom a Government-caused. unusuaL and
insufficiently justified delay between arrest and trial.
8. Said delay seriously injured and prejudiced the Defendant by violating the
constitutionally guaranteed rights to due process and speedy trial.
9. Said delay has critically impaired the Defendants defense by dimming memories and
directly causing the potential loss of exculpatory evidence, thereby subjecting Defendant
to oppressive pre-trial detention and reflecting prejudice against Defendant.
l 0. Regardless of any contentions by Government minions that said delay arose as a
result of Defendant continuances or tactical defense the Government beats the
burden to avoid prosecutorial neglect by initiating prosecution within said time ftame.
11. Defendant _did [or] _did not cause or contribute to said delay by unavailability for
by requesting a continuance, by lack of investigation, or by lack of preparation for
trial
12.Any continuance requested by Defendant arose as a result of the Government's
obstruction of due process either through direct and intentiooal obfuscation,
incompetence, disorganization, negligence, or constructive lack of cooperation, and said
obstruction made it impossible for Defendant to obtain either just treatment by the
Government or a speedy trial.
13. The Government has the obligation to dismiss with prejudice the charge(s) against
Defendant, and immediately to release Defendant from custody in the instant case;
2
Defendant bas the absolute right to a dismissal with prejudice and to immediate and
complete liberation.
14.Failure to dismiss and discharge Defendant would seriously undermine the
constitutional principles of a fair and impartial trial without thus creating a
miscarriage of justice.
ARGUMENT AND MEMORANDUM OF LAW
Amendment 6 to the The United States Constitution, Amendment 6, and the Florida
Constitution, Article I Section 16, guarantee a speedy trial to every person charged with a
cnme.
Florida Statute 918.015 "Right to speedy provides "(I) In all criminal prosecutions
the state and the defendant shall each have the right to a speedy trial. (2) The Supreme
Court by rule of said court, provide procedures through which the right to a speedy
trial as guaranteed by subsection (1) and by s. 16, Art. I of the State shall be
realized.
The Florida Supreme Comt obeyed Florida Statue 918.015 by issuing the Florida Rules
of Judicial Administration which requires in Rule 2.250 (aXIXA) that the Trial Court
Time Standard allow 180 days from arrest to final disposition for criminal felony cases.
Florida Rules of Criminal Procedure provides in Rule 3.191 (a) "Speedy trial without
demand" that "(a): Every person charged with a crime by indictment or infonnation, shall
be brought to trial within 175 days if the crime charged is a felony. If trial is not
commenced within this time period, the Defendant shall be entitled to the appropriate
remedy as set forth in subdivision (p) below.""
Rule 3.191 (p) provides Defendant not brought to trial within the specified time
period, on motion of Defendant or the court, shall be forever discharged from the crime."'
3
Florida Rules of Civil Procedure requires in Rule 1.420 that when the Government fails
to prosecute a case within the lawful time frame, the court shall upon motion of any
interested whether or not a party to the dismiss the case with prejudice for
failure to prosecute.
In the instant case, the period of pre-trial delay, and oppressive incarceration that bas
elapsed since arrest clearly demonstrates a serious time standard violation which provides
complete cause for immediate dismissal of all charges for lack of speedy trial. Hedgepeth
v. United States , 124 U.S. App. D.C. 291, 294, 364 F .2d 684, 687 (1966); and Dickey v.
Florida., 398 U.S. 30, 48., 90 S. ct. 26 L. Ed 2d 26 (1970). The portion of the delay
attributable to the Government or the Defendant bas no relevance. The extreme duration
of delay, the deprivation of Defendants right to a speedy trial, the total lack of
justification and the prejudicial effects requires dismissal.
Coleman v. United States, 442 F.2d 150 (1971); and United States v. Reed, 285 F. Supp.
738,. 741 (D.D.C. 1968) ("Clearly there can be no waiver of right to speedy trial, where
(the Defendant) is powerless to assert his right because of ignorance, and
lack of sufficient legal advice.").
The presumption that pretrial delay bas prejudiced the Defendant intensifies over time
substantially triggering a Barker inquiry. Doggett v. United States, 505 U.S. 647., 652,
112 S.CT. 2686., 120 L.Ed 2d 520 (1992); and violates sixth amendment speedy trial
Right as guaranteed. U.S.C.A. Constitution. Amend 6.; and article 1,. section 9 .. Florida
Constitution.
The Supreme Court bas repeatedly held that the prosecutor and the court have an
affinnative Constitutional obligation to try the Defendant in a timely manner; and that
this duty requires good faith and diligent effort to bring him to trial quickly. See Moore v.
Arizona, 414 U.S. 25, 26, 94, S.CT. 188, 38, L.Ed. 2d 183 (1973) quoting Smith v.
Hooey, 393 U.S. 374, 384, 89 S.CT. 575, 21 L.Ed. 2d 607 (1969).
4
In this instant case the state or the court was negligent in their duties to try Defendant in a
timely manner. Moreover., they have failed to show good faith or diligent effort., to bring
Defendant to trial quickly. As displayed by the lengthy undue delay, and incarceration of
the Defendant in this instant case. United States v. Graham, 128 F. 3d 372, 374, (6th
cir.1997). A mere presence of court backlog or overcrowded case load is insufficient to
justiJY delay by prosecution.
United States v. Goeltz, 513 F. 2d 193, 197, (lOth cir. 1975) To the extent that the
Defendants counsel waived time or had Defendant request continuances. This would not
be attributed to Defendant, due to counsel's actions contradicting the best interest of
Defendallt regardless of Defendant being bound by counsel's actions, defense
continuances don\ excuse lengthy delays in the disposition of a case. Unz"ted States v.
Lam'!) 251 F. 3d 852 (9th Cir. 2001).
The actions of the Government to delay trial bas led directly, prejudicially,
and unlawfully to a denial of rigbt to speedy trial in this case. Through said delay the
Government seriously and intentionally infringed. upon the rigbt of due process of law,
under the 14th amendment to the United States Constitution; and Article 1, section 9,
Florida Constitution, which the Supreme Court has held to be the "The law of the land."
In the instant case,. the Court has no prerogative. The Court must z"mmediately order an
immediate dismissal of all charges against the Defendant with prejudice
State v. Dowling" 110 So. 2d. 522" 523 (FLA. 1926) Therefon; petitioner should be
released from custody immediately; and charges dismissed with prejudice to bar any re-
prosecution of the criminal charges. Whereas, a violation of Sixth Amendment right to
speedy trial or failure to prosecute requires dismissaL
Strunk v. United States, 412 U.S. 434, 439 - 40, 93S.CT. 2260 (1973); McNeely v.
Blanas, 336 F. 3d 822 (9th cir. 2003). Any denial of dismissal would be void being
5
inconsistent with due process of law. Omer v. 30 F.3d 1307, 1308 and
Bass v. Hoagland, 112 F 2d (1949).
All public employees in Florida have the obligation actively and assiduously to protect
the rights of the people when circumstances permit. especially when required by job
descriptions or jobs place public employees in proximity to the people. Public employees
accepted that obligation when they swore their sacred oaths of loyalty to the constitutions
of both the United States and Florida.
Failure immediately to dismiss the charges against the Defendant would constitute an
egregious violation of the Public Employees Oath of loyalty to the US and Florida
constitutions under Florida Statute 876.05, under the Florida Constitution Article II
Section 5(b and the US Constitution Article VI Clause 2 and 3, and the Bill of Rights
and Amendments 13 and 14. Said failure would invoke the protections by numerous
state and federal laws, including but not limited to 18 USC "Deprivation of Rights
Under Color of Law," 18 USC 241 "Conspiracy Against Rights," Florida Statute 760.51
"Violation of Constitutional Rights,." Florida Statute 839.24 "Penalty for fuilure to
perform the duty of a public officer," and Florida Statute 843.0855 (2) "Obstruction of
justice under color of law." All Government employees involved directly or indirectly
would thereby become subject to serious civil and criminal litigation for their respective
roles in the violations of nmnerous Constitutional rights of Defendant. Thus, this
honorable Cuurt must immediately dismiss all charges against Defendant with prejudice.
PUBLIC EMPWYEES BOUND TO WY ALTY OATHS
Pursuant to Florida Statute 876.05 and contract law, Defendant hereby accepts the
Public Employee Oath and all other oaths of loyalty to the US and Florida Constitutions
sworn or affirmed by all attorneys and public employees associated in any way with the
Defendant or the instant case as a condition of obtaining their jobs and professions.
Defendant binds the aforesaid public employees and attorneys to their loyalty oaths and
6
admonishes them to protect assiduously Constitution-
guaranteed rights at an times, under penalty of numerous state and federal laws
including, but not limited to those cited herein.
CONCLUSION
WHEREFORR Defendant based upon the foregoing facts and authorities, moves this
court to enter order dismissing the charges in this case with prejudice; and Order the
immediate release in the best interest of Justice and Due Process.
RespectfuJJy Submitted;
Signature: ___________ __:Prose Date:. _____ _
____________________ __
___________________ __
Printednmne: ______________________ __
CERTIFICATE OF SERVICE
I HEREBY that a true and correct copy of the foregoing has herein been to
the office of the State Attorney for County, on tbis __ day of 2007. via
band deliveey
Respectfully Submitted,
Signature-------------------
Date:
----------
Printed Name
----------------
7
. IN TilE CIRCUIT COURT OF TilE RIDICIAL
IN AND FOR COUNTY., FLORIDA
STATE OF FLORIDA
Plaintiff
Vs.
Defendant
CRIMINAL DIVISION
Case No.:(s)_
ORDER TO DISMISS
Having found that Plaintiff failed to bring the instant case to conclusion of trial within the
time allowed by law and Judicial Rules, this Court acknowledges that Plaintiff denied
Defendant's right to a speedy trial. This Court therefore now orders the immediate
dismissal with prejudice of all charges in the instant case against the Defendant, the
immediate discharge and liberation of the Defendant from the return of all
ofDefendant"'s propedy., the immediate repair at Plaintiff's expense of all damage done to
Defendant and Defendant"s property during or consequent to the arrest and
immediate payment by the Plaintiff of all storage., impound., and other fees for
Defendant"'s vehicle and other property encumbered as a consequence of Defendant"'s
arrest and the transportation of Defendant by Defendant's choice of public
or private automobile, or other public conveyance to Defendanf's dwelling place at
Plaintiff's sole expense, the immediate writing and band delivery to Defendant of a
formal apology by Plaintiff's prosecutor in the instant case for violating Defendant's
Constitutionally guaranteed right to a speedy trial., for which let execution issue
forthwith.
Judge Date Ordered
Sixth Amendment to the United States Constitution
The Sixth Amendment (Amendment VI) to the United States
Constitution is the part of the United States Bill of Rights which
sels forth righls related to aiminal prosecutions.. The SUpreme
Court has applied the protections of this amendment to the states
1l1miJgh lhe Due Process Clause of the Fourteenth Amendment.
Conle1111ts [hide]
1Teld:
2 Rights oonfeued
2.1 Speedy biai
2.2 Public mali
2.3 impama! july
2.4 NOOce of accusatiioo
2.5 Coofrootatioo
2.6 Compulsol'y process
2.7Ccunsel
2_7_ 1 Self-representation
3Seealso
4Noles
5 References
6 External links
Text
(edit]
In all aiminal prosecutions, the accused shall er1oY the
right to a speedy and public trial. by an impaftial py of the
Slate and dislrict wherein the crime shal have been
committed. which district shall have been previously
ascertliil&ed by law, and to be Dotrmed of the naiLI"e and
Uniled Stales of America
llhiis artfiidle iis Jillllll1: db series:
United Stales Constitution

Preamble
Arlides of the Constitution
I II Ill IV V VI VII

Bill of Rights
I II Ill IV V
VI VII VIII IX X
Subsequent Amelldnlenls
XI XII XIII XIV XV
XVI XVIIXVIII XIX XX
XXIXXIIXXIU XXIV XXV
X>MXXVII
cause of the accusalion; to be CO!Idionled wilh the witnesses against him; to have
oompulsory process for obtailting witnesses in tis favor, and to have the Assislance of
Ccu1sel for his cterenceJoole 1][1]
Rights conferred
Speedybial
[edit]
[edit)
Defendanls in aimiJlal cases have the. right to a speedy trial. In
u_s_ 514
down a;.tiW.,atcase-by-case '''U l!ll:lflg(fest for determining
.
_ _... ft defarldant"s speedy trial right has in
, ..... .-case. The ftU factors are:
A. delay of a year or more from the date on
which the speedy trial right "attaches (the date of arrest or
indictment, whichever first occurs) was termed "presumptively
prejudicial," but the Court has never exprldlfy ruled that any
The BiD of Rights in the National
Archives
absolute time limit applies.
Reason for the delay: The prosecution may not exr.essively delay the trial for ils own advantage,
but a trial may be delayed to secure the of an absent wilness or other pradical
considerations.
Time and manner in which the defendant has asserted his right If a defendant agrees to the
delay when it works to his own benefit, he cannot later claim that he has been undl.lly delayed
Degree of prejudice to the defendant which the delay has caused.
illf'SimDic v. UirliW.Hitates,;i4U.it:c484,f1973). the Supreme Court ruled that if 1t1e reviewing court
finds that a defendanfs right to a speedy trial was violated, then 1be indidmenl: must be dismissed
f andfor 1t1e comriclion ovet1umed. The Court has held 1hat, since 1be delayed trial is the slate action
J which violales 1he defendanrs rights, no other remedy would be appropriate. Thus, a reversal or
cislaissal d a aimmll case on speedy trial !J01.DiS means that no furlher prosecution for 1be alleged
olfense can Jake place.
Public trial
[edit]
See main adicle: Public mal
In Sheppa!d v. Maxwell, 384 U.S. 333 (1966). the Supreme Court ruled that the right to a public trial
is not absolule. In cases where excess pubiciily 'MUd saw to undermine the defendanrs right to
due process, limilalions can be put on public access to 1he proceedings. According to Ptess-
Enletprise Co. v. Superior Court. 478 U.S. 1 (1986), trials can be dosed at the behest of the
govemnent on account of there being '"an oveniding intelest based on findings that closure is
essential to preserve higher values and is narrowly tailored to serve that interest The accused may
also request a closure of 1he trial; though, it must be demonstrated that "'first, there is a subslantial
probability that 1he defendanfs right to a fair trial will be prejudiced by publicity that closure would
prevent, and second, reasonable allematives to closure cannot adequately protect the defendant"s
right to a fair trial.
Impartial jury [edit]
Main atlide: Jury trial
The right to a jury has always depended on 1he nature of 1he olfense wilh which 1he defendant is
charged. Pelly offenses-those punishable by imprisonment for not more than six monlhs-are not
covered by 1he jury requirement 1
2
1 Even where multiple petty offenses are conremed, the to1a1 time
of imprisonment possibly exceeding six months, 1he right to a jury trial does not exisl:..l
3
1 Also, in the
United Slates, except for serious olfenses (such as murder), minors are usually 1ried in a juvenile
court, which lessens the allowed, but forfeits 1he right to a jury.
Originally. 1he Supreme Court held that 1he Sixlh Amendment right to a jury trial indicated a right to "'a
trial by jUJY as understood and applied at common law, and includes all1he essential elemenls as
they were recognized in this country and England when 1he Constilution was adopled_"'i:41 Therefore,
it was held that juries had to be composed of twelve persons and that verdicts had to be unanimous,
as was customary in England. V\lhen, under the Fourteenth Amendment, 1he Supreme Court
extended 1he right to a trial by jury to defendants in state courts, it re-examined some of 1he
standards. It has been held that twelve came to be the number of jurors by "historical accident," and
that a jury of six would be sufficient[ 51 but anything less would deprive the defendant of a light to trial
by jury.
6
1 Although on 1he basis of history and precedent the Sixlh Amendment mandates unanimity
in a federal jury trial, the Supreme Court has ruled that the Due Process Clause of the Fourteenth
Amendment, while requiring States to provide jury trials for serious crimes, does not incorporate all
the elements of a jury trial within the meaning of the Sixth Amendment and does not require jury
unanimityPJ
The Sixth Amendment requires juries to be impartial. lmpartiaflly has been interpreted as requiring
individual jurors to be lriliased. At voir dire, each side may question potential jurors to delemline any
bias, and challenge them if the same is found; the court determines the validity of 1hese challenges
for cause. Defendants may not challenge a comriction because a challenge for cause was denied
incorrectly if they had the opportunity to use peremptory challenges.
Anolher factor in determining the impartiality of the jwy is 1he nature of 1he panel, or venire, from
which the jurors are selected. Venires must represent a fair aoss-section of the community; the
defendant may establish that the requirement was violated by showing that the allegedly exdllded
group is a distinctive" one in the community, that the representation of such a 5J0UP in venires is
unreasoaaai:Jie and unfair in regard to the number of persons belonging to such a group. and that the
tnler-represenlalion is caused by a systemalic exdusion in the selection process_ Thus, in Taylor v.
Louisiana, 419 U.S. 522 (1975), the Supreme Court invalidaled a slate law that exempted women
who had not made a dedalalion of -.agness to serve from jury service. while not doing the same
for men.
Article m, Section 2 of the Conslilution requires derendanls be tried by juries selected from the stale
in which the aime was commilted. The Sixlh Amendment extends the rule by requiring 1rials to occur
in dislrids ascertained by statute. In Beavers v. Henkel, 194 U.S. 73 (1904), the Supreme Court
ruled that the place where the offense is charged to have occmed determines the trial"s loc:alion.
Where multiple dislricts are aleged to have been locations of the aime, any of them may be chosen
for the trial. In cases of offenses not committed in any stale (for example, offenses committed at sea).
the place of trial may be determined by the Congress.
........ (edit)
See also: Notice
A defendant has theWglllftD be inromled of the and cause of1he accnsalion against him.
indidment must allege alf lhe ingrediel\ts of the aimelo such a degree. of precision
.... ClccuSed to assert double jeopardy if lhe same charges are brought up in
subsequentpmseculi0rl_f
8
1The Supreme Court held in United States v_ Cadi, 105 U.S. 611 (1881)
that "'in an indidmenl: ... it is not sufficient to set forth the offense in the words of the statute, unless
those words of themselves fully, direclly, and expressly, without any uncertainly or ambiguity, set forth
all the elements necessary to constitute the offense intended to be punished." Vague wording, even if
1aken diredly from a slalute, does not suffice. However, the government is not required to hand over
written copies of the indidrnenl: free of charge. [91
Confrontation (edit]
Law References (not part of motion)
U.S. Constitution, Amendment V
No person shall be held to answer fur a capital, or otherwise infamous crime, unless on a presentment or
indicbnent of a Gland Jmy, except in cases arising in the 1and or nam furces, or in the Militia, when in
actual service in time of War or pubtic danger; nor shall any person be subject fur the same offence to be
twice put in jeopardy oflife or limb; nor shall be compelled in any criminal case to be a witness against
himself, nor be deprived oflife.liberty. or properly, without due process oflaw; nor shall private property
be taken fur public use, without just compensation.
U.S. Constitution, Amendment VI.
In an criminal prosecutions. the accused shall enjoy the right to a speedy and public trial, by an impartial
jury of the Slate and district wherein the crime shall halie been committed, which district shall halie been
previously ascertained by law, and to be infurmed of the nature and cause of the accusation; to be
confronted with the witnesses against him; to haft oompulsoey process fur obtaining wilne:!mes in his
favor, and to have the Assistance of Counsel fur his defence..
U.S. Constitution, Amendment XIV.
Section 1. All persons born or natu.ralized in the United States, and subject to the jurisdiction thereof. are
citizens of the United States and of the State wherein they reside. No State shall make or enforee any law
which shall abridge the privileges or immunities of citizens of the United States; nor shaH any Slate
deprive any person ofJife,Jiberty. or property, without due process of law; nor deny to any person within
its jurisdiction the equal protection of the laws.
Section 2. Representatives shall be apportioned among the sever.d Slates acconting to their respective
numbers, counting the whole number of persons in each Slate, excluding Indians not taxed. But when the
right to vote at any election fur the choice of electors fur President and V-.re President of the United States.
Representatives in Congress, the Executive and Judicial officers of a State, or the members of the
Legislature thereof. is denied to any of the male inhabitants of such State. being twenty-one years of age,
and citizens of the United States. or in anyway abridged. except fur participation in rebellion, or other
crime, the basis of representation therein shall be reduced in the proportion which the number of such
male citizens shall bear to the whole number of male citizens twenty-one years of age in such Slate.
Section 3- No person shall be a Senator or Representative in Congress. or elector of President and V ~ e e
President, or hold any office. civil or milital'y, under the United Slates, or under any Slate, who, having
previousJy taken an oath, as a member of Congress. or as an ofiKer of the United Slates, or as a member of
any State legislature, or as an executive or judicial officer of any Slate, to support the Constitntion of the
United Slates, shall have engaged in insun:ection or rebellion against the same, or given aid or comfort to
the enemies thereof. But Congress may by a vote of two-tbinls of each House, remove such disability.
Section 4- The validity of the public debt of the United States, authorized by law, including debts incurred
fur payment of pensions and bounties fur services in suppressing insurrection or rebellion, shall not be
questioned. But neither the United States nor any State shall assume or pay any debt or obJigation
incurred in aid of insurrection or rebellion against the United Slates, or any claim for the loss or
emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.
Section 5- The Congress shall have power to enforce, by appropriate legislation, the provisions of this
article.
Florida Constitution Article I Section 16. Rights of accused and of victims.
(a) In an criminal prosecutions the accused shall. upon demand, be in:tOrmed of the nature and cause of
the aceusation, and shall be furnished a copy of the clw:ges, and shall have the right to have compulsory
proces1i fur witnesses, to con&ont at trial adverse witnesses, to be heard in person. by counsel or both. and
to have a speedy and public trial by impartialjmy in the county where the crime was committed If the
county is not known, the indictment or infunnation may charge venue in two or more counties
conjunctively and proof that the crime was committed in that area shall be sufficient; but before pleading
the accused may elect in which of those counties the trial will ta1re p1ace.. Venue for prosecution of crimes
committed beyond the boundaries of the state shall be fixed by law.
Florida Rules of Civil Procedure 1.420 Dismissal of Action
(b) Failure to Pmsecote..ln an actions in which it appears on the face of the reconl that no actMiy by
filing of pleadings, older of court, or otherwise has occurred for a period of 10 months, and no m:der
staying the action has been issued nor stipulation fur stay approved by the court, anyintetested person,
whether a party to the action or not, the court, or the clerk of the court may serve notice to an parties that
uo such activity has occurred. If no such record activity has occurred within the 10 months immediately
preceding the service of such notice,. and no record activity occms w.itbin the 6o days immediately
following the service of such notice, and if no stay was issued or approved prior to the expiration of such
6o-day period, the action shaD be dismissed by the court: on its own motion or on the motion of any
interested person, whether a party to the action or not, after reasonab1e notice to the parties, unless a
party shows good cause in writing at least 5 days before the hearing on the motion why the action should
remain pending.. Mere inaction for a period of less than 1 year shall not be sufficient cause for dismissal
for failure to prosecute.
RULE 3.191. SPEEDY TRIAL
(a) Speedy Trial without Demand. Except as otherwise provided by this mle, and ~ to the
limitations imposed under subdivisions (e) and (f), evety person charged with a crime shall be brought to
trial within 90 days of arrest if the crime charged is a misdemeanor, or within 115 days of arrest if the crime
ehatgedis a felony. If trial is not commenced within these time periods. the defendant shall be entitled to the
appropriate remedy as set forth in subdivision (p). 1he time periods established by this subdivision shaD
commence when the person is taken into custody as defined under subdivision (d). A person charged with
a crime is entitled to the benefits of this mle whether the person is in custody in a jail or co:rrectional
institution of this state or a political subdivision thereof or is at liberty on bail or recognizance or other
pretrial re1ease condition. This subd.ivision shaD cease to apply whenever' a person files a valid demand for
speedy trial under subdivision (b).
(b) Speedy Trial upon Demand. Except as otherwise provided by this rule, and subject to the
limitations imposed under subdivisions {e) and (g), evety person chaiged wilh a crime by indictment or
infonnation shall have the right to demand a trial within 6o days, by filing with the comta separate pleading
entitled "'Demand for SpeedyTiial,"' and serving a copy on the prosecuting authority.
(1) No later than 5 days from the filing of a demand for speedy trial, the court: shall hold a calendar
call, with notice to aD parties. for the express purposes of announcing in open court: receipt of the demand
and of setting the case for trial
(2) At the calendar call the court shall set the case for trial to commence at a date no less than 5 days
nor more than 45 days from the date of the calendar call
(3) The failure of the court to hold a calendar call on a demand that has been properly filed and served
shall not interrupt the rnnning of any time periods under this subdivision.
(4) Hthe defendant bas not been brought to trial within 50 days of the filing of the demand, the
defendant shall have the right to the appropriate remedy as set forth in subdivision (p).
(c) Commencement of Trial. A person shall be considered to have been brought to trial if the trial
commences within the time herein provided The trial is considered to have COJIIIIICIH'Pf) when the trial jmy
panel for tbat specific trial is sworn for voir dire examination or, on waiver of a jmy tria), when the trial
proceedings begin before the
judge.
{d) Custody. For purposes of this mJe, a pm;on is taken into custody {1) when the person is arrested as
a result of the conduct or criminal episnde that g;we rise to the crime charged, or (2) when the person is
served with a notice to in lieu of phJsic;d arrest.
(e) Prisoner.s outside .lurisdidion.. A person who is in fedeta1 custody in a jail or
correctional institution outside the jur:isdiction of this state or a subdivision thereof, and who is chaJged
with a crime by indictmeot or information &ned or filed under the Jaws of is not entitled to the
benefit of this m1e until that person returns or is retumed to the jurisdiction of the court within which the
Florida chaige is pending and until writtm notice of the person's return is filed with the court and served on
the prosecutor. Fortbese persons, the time period under subdivision {a) commence.s on the date the 1ast act
requiiul under this subdivision occurs.. For these persons the time period under subdivision {b)
commences when the demand is filed so long as the acts required under this subdivision occur before the
filing of the demand. If the acts required under this subdivision do not precede the filing of the demand,
the demand is invalid and shall be st.ric1ren upon motion of the prosecuting attorney. Nothing in this mle
shall affect a pmoner"s right to speedy trial under Jaw.
(f) CoDsolidalion of Felony and Misdemeanor. When a felony and a misdemeanor are
consolidated for disposition in circuit court. the misdemeanor sbaH be gmemed by the same time period
applicable to the felony.
(g) Demand for Speec)yT:rial; Aceused Is Bound. A demand for speedy trial binds the accused and
the state. No demand for speedy trial shall be filed or served UDless the accused bas a bona :fide desire to
ob1ain a trial sooner tban otherwise might be provided. A demand for speedy trial shall be considered a
pleading that the accused is available for trial, has diligently investigated the case, and is prepared or will be
prepared fur trial wilhin 5 days. A demand filed by an accused who bas not diligently investigated the case
or who is not timely prepared for trial shall be striclren as invalid on motion of the prosecuting attorney. A
demand may not be withdrawn by the accused except on order of the comt., with consent of the slate or on
good cause shown. Good cause for continuances or delay on bebaJf of the accused thereafter shall not indnde
non:readiness for except as to matters that may arise after the demand for trial is filed and that
reasonably could not have been anticipated by the accused or counsel for the accused. A person who has
demanded speedy tria], who thereafter is not prepared for tria], is not entided to continuance or delay except
as provided in this mle.
(h) Notice of Expiration of Tune for Speedy Trial; When Tunely. A notice of expiration of
speedy trial time shall be timely if filed and served on or after the expiration of the periods of time for trial
provided in this m1e. However, a notice of expiration of speedy trial time filed before expiration of the
period of time for trial is invalid and shaD be stricken on motion of the prosecuting attorney.
(i) When "lime May Be Extended. The periods of time established by this mle may be extended,
provided the period of time sought to be extended has not expired at the time the extension was procured.
An extension may be procured by:
(1) stipulation, announced to the court or signed in proper person or by counsel, by the party against
whom the stipulation is sought to be enforeed;
(2) written or recorded order of the court on the court's own motion or motion by either party in
exceptional circumstances as hereafter defined in subdivision (l);
(3) written or rem:rded older of the court with good muse shown by or
(4) written or remnled older of the court for a period of :reasooable and necessaiY delay resulting
from including but not limited to an examination and bearing to delennine the mental
competency or pbJsical ability of the defendant to stand trial. for hearings on prelrial motions, for appeals
by the state, and for trial of other pending criminal charges against the accused.
(j) Delay and Contin........us; Effect on Motion. If trial of the accused does not commence within the
periods of time establisbed by this m1e, a pending motion for dischaige shall be g,mnted by the court unless
it is shown tbat
(1) a time extension has been onlered under subdivision (i) and tbat extension has not expired;
(2) the failure to hold trial is attributable to a codefendant in the same trial. or their
counsel;
(3) the accused was UJI3.ftilab1e for trial under subdDision (k); or
(4) the demand :refe:ned to in subdivision (g) is invalid.
If the court finds that discharge is not appropriate fur reasons under subdivisions (j)(2), (31 or (4), the
pending motion for discharge sba1l be denied. provided, however, tbat trial sbaB be scbeduled and
commence within 90 days of a written or reoolded older of denial
(k) AYailabilily for TriaL A person is unawilable for trial if the person or the persons counsel fails to
attend a proceeding at which either's pmsence is required by these roles, or the person or counsel is not
ready for trial on the date trial i1; sdleduled. A pemon who has not been awilable for trial during the tenn
provided for in this mle is not entitled to be discharged. No presumption of nonavailability attaches, but if
the slate objects to discharge and presents any evidence tending to show nonaftilabilily, the accused most
competent proof: awilability during the term.
(I) Hxcepliomd Ciremnslanees.. As permitted by subdivision {i) of this mle, the court may onler an
extension of the time periods provided under this ro1e when exceptional ci:remnstances are shown to exist.
Exceptional cireumsta.nces shall not include genernl congestion of the court's docket, Jack of diligent
prepanrtion, failure to obtain available witnesses, or other avoidable or fomseeable dcla:ys.. Exceptional
cireomstances are those that. as a matter of substantial justice to the accused or the slate or both, require an
older by the court.. "l1tese cireomstances indude:
{1) unexpected incapacity, or unforeseeable and unavoidable absence of a person
whose presence or testimony is uniqne1y necessaey for a fuJI and adequate trial;
(2) a showing by the state that the case is so unusual and so complex, because of the number of
defendants or the nabJ:re of the pmsemlion or otherwise, that it is unreasonable to expect adequate
investigation or preparation within the periods of time established by this mle;
(3) a showing by the state that specific evidence or testimony is not available despite diligent effims to
secure it, but will become avaiJable at a later time;
(4) a showing by the accused or the state of necessity for delay grounded on developments tbat could
not have been anticipated and that materially will affect the trial;
(5) a showing that a delay is necessary to accommodate a codefendant, when there is reason not to
sever the cases to proceed promptly with trial of the defendant; and
(6) a showing by the state that the accused has caused major delay or disruption of preparation of
proceedings, as by preventing the attendance of witnesses or otherwise.
(m) Hfl'ed: ofMi.strial; Appeal; Order of New TriaL A pemon who is to be tried again or whose trial
has been de1a.yed by an appeal by the state or the defendant shall be brought to trial witbin 90 days from
the date of dedaration of a mistrial by the trial court. the date of an cmJer by the trial court grcmtiDg a new
trial, the date of an order by the trial court granting a motion in arrest ofjndgment, or the date of receipt by
the trial court of a mandate,
order, or notice of whatever furm from a reviewing court that makes possible a new trial fur the
defendant, whichever is last in time.. If a defendant is not brought to trial within the prescribed time periods,.
the defendant shall be ent:illed to the appropriate remedy as set furth in subdivision (p).
(n) DiseJuuge &om Crime; Effect. Dischaige from a crime UDder this mie shaJl oper.tte to bar
pmsemtion of the crime dwged and of aJI other crimes on which trial has not commenced nor conviction
obtained nor adjudication wilhheld and that 11rere or might have been charged as a result of the same
conduct or criminal episode as a lesser degree or lesser included olfense.
(o) NoDe Pl'osequi; Hffect.. The intent and effect of this mle shaJl not be avoided by the state by
entering a noDe prosequi to a crime dwged and byp:msecoting a new crime grounded on the same conduct
or criminal episode or olhenrise by :proso:nting new and difti:tent cbaiges based on the same conduct or
criminal episode whelber or not the pending chaige is suspended, continued. or is the subject of enby of a
none prosequi.
(p) Remedy for Failure to Try Defendant within. the Specified Time.
(1) No remedy shaJl be granted to any defendant under this mie until the court has made the required
inquiry under sobdmsion ()1.
(2) At any time after the expilation of the prescribed time period, the defendant may :file a separnte
pleading ent:illed "'Notice of Expiration of Speedy Trial Time, .. and serve a copy on the prosecuting
authority.
(3) No later than 5 days from the date of the filing of a notice of expiration of speedy trial time. the
court shall hold a hearing on the notice and. unless the court finds that one of the :reasons set furth in
subdivision (J1 e.xisls, shall order that the defendant be brought to trial within to days. A defendant not
brought to trial within the to-day period through no molt of the defendant, on motion of the defendant or
the COOI't, sha1l be fOrever discharged from the crime.
us Constitution Artide VI
Clause 2: "fhis Const.itulion, and the Laws of the United States which sba1l be made in Porsoan.ce thereof;
and an Treaties made, or which sball be made, nnder the Authority of the United States, sbaJl be the
supreme Law of the Land; and the Judges in every State sba1l be bound thereby, anyThing in the
Constitution or .Laws of any Slate to the Contra:ry notwithstanding
Clause 3= The Senators and Representatives before mentioned, and the Members of the several State
Legislatures, and an executive and judicial Officers, both of the United States and of the several States,
sbaJl be bound by Oath or Affinnation, to support this Constitution; but no religious Test sha1l ever be
required as a Qualification to any Office or public Trust under the United States.
Florida Constitution Article II Section 5. Public officers.-
{a) No person holding any office of emolument under anyfureign government, or civil office of
emolument under the United States or any other state, shall hold any office of honor or of emolument
under the government of this state. No person shaJI hold at the same time more than one office under the
government of the state and the counties and municipalities therein, except that a notary public or
military officer may hold another office, and any officer may be a member of a constitution revision
COJII11Iission, taxation and budget Rfurm commission, constitutional convemion, or slabd:oty body having
only advisory powers.
(b) Each state and county officer, before entering upon the duties of the office,. shall give bond as required
by Jaw, and sbaD swear or affirm:
'1 do solemnly swear (or affinn) that I will support. protect, and defend the Constitution and Government
of the United States and of the State of Florida; that I am duly qnatified to hOld office under the
Constitution of the state; and that I will well and faithfully perform the duties of (title of office) on wbich
I am now about to enter. So he1p me God."',
and thereafter sbaD demte pemooal attention to the duties of the office. and continue in office mdil a
successor qualifies.
(c) The powers. duties, compensation and method of payment of state and county officers shall be fixed
bylaw.
876.05 Public employees; oath.-
(1} A1l persons who now or hereafter are employed by or who now or hereafter are on the payroH of the
state. or any of its departments and agencies. subdivisions. coon:ties. cities, school boaids and d:islricts of
the free public school system of the state or counties, or institntions of higher 1eaming. and an candidates
for public office. except candidates for federal office. are required to take an oath before any person duly
authorized to take aclmowledgm.ents of instruments for public reoo:nl in the state in the following fOrm:
I, a citizen of the State of Florida and of the United States of America, and being employed by or
an officer of and a recipient of public funds as such employee or officer, do hereby solemnly swear
or affinn that I will support the Conslitution of the United States and of the State of Florida.
(2) Said oath sbaD be filed with the records of the governing official or employing governmental agency
prior to the approval of any voucher fur the payment of saJary, expenses, or other compensation.
760.51 Violations of constitutional rights, civil action by the Attorney
General; civil penalty.-
(1) Whenever any pen;:on, whether or not acting under color of law, interferes by threats, intimidation, or
coercion, or attempts to interfere by threats. intimidation, or coereion, with the exereise or enjoyment by
any other person of rights secured by the State Constitution or Jaws of this state. the Attorney General
may bring a civil or admini:s.t:ta:me action for damages, and furinjoDctive or other appropriate re1ief fur
violations of the rights secured. Any damages recovered under this section shaJl accme to the injured
person. The civil action shall be brought in the name of the state and may be brought on behalf of the
ugured person. The Attorney General is entitled to an awa:nl of reasonable attorney's fees and costs if the
Department of Legal Affairs prevails in an action brought under this section.
(2) Any person who interferes by threats, intimidation, or coercion, or attempts to interfere by threats,
intimidation, or coereion, with the exercise or enjoyment by any other person of rights secured by the
State Conslitution or laws of this state is liable for a civil penalty of not more than $10,000 fur each
violation. This penalty may be recovered in any action brought under this section by the Attorney General.
A civil penalty so coBected sbaD accme to the state and shall be deposited as received into the General
Revenue Fund unaD.ocated.
18 USC 241. Conspiracy against rights
If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State,
Territory, CoJIIJilOilWe'31t Possession,. or District in the free exercise or enjoyment of any right or
prMiege secured to him by the Co:nstitu:lion or Jaws of the United States, or because ofbis having so
exereised the same; or
If two or more persons gp in disguise on the highway, or on the premises of another, with intent to
prevent or hinder his free exercise or enjoyment of any right or privilege so secured-
They shall be fined under this tide or imprisoned not more than ten years. or both; and if death results
from the acts coDllllitred in violation of this section or if such acts include kidnapping or an attempt to
kidnap. aggravated sexual abuse or an attempt to commitaggrav-.m:d sexual or an attempt to kill.
they shall be fined under this title or imprisoned fur anytenn ofyeam or or both, or may be
sentenced to death.
18 USC 242. Deprivation of rights under color of law
Whoever, underoolorof any Jaw, statute. ordinance, regu)ation,. willfuDy person
in any State, Territory, Commonwealth, Posse.ssion,. or District to the deprivation of any rights. privileges.
or immunities secured or proteeted by the Constitution or laws of the United States. or to different
punishments, pains. or penalties. on acooont of such pen;on being an alien. or by reason of his color, or
race, than are prescribed for the punishment of citizens. shall be fined under this tide or imprisoned not
more than one year, or both; and if bodily iJgmy results from the acts oommitted in violation of this
section or if such acts include the use, attempted use, or threatened use of a dangerous weapon,.
explosives. or fin; shall be fined under this tide or imprisoned not more than ten years, or both; and if
death results from the acts committed in violation of this section or if such acts :indnde kidnapping or an
attempt to kidnap, aggravated sexual abuse, or an attempt to oommit aggravated sexual abuse, or an
attempt to kill. shall be fined under this tide, or imprisoned fur any term of yean; or or both, or
may be sentenced to death.
Florida Statute 839.24 Penalty for failure to perfonn duty required of
officer.
A sheriff, connty 001111: judge. prosecu:t:ing officer, court :reporter, stenographer, interpreter, or other
officer required to perform any duly under the criminal procedure Jaw who willfuDy fails to pedonn his or
her duly shall be guilty of a misdemeanor of the punishable as provided ins. 775-082 or s.
775-o83.
843.0855 Criminal actions under color of law or through use of simulated
legal process.-
(I) As used in this section:
{a) The term "legal process"' means a document or order issued by a 001111: or filed or Rrorded fur the
purpose of exercising jurisdiction or representing a claim against a person or properly, or fur the purpose
of direct:iug a person to appear before a oourt or tnounal, or to perfonn or refrain from performing a
specified act. "Legal process" includes, but is not limited to, a summons. lien,. complaint, warrant.
injunction,. writ, notice, pleading, subpoena, or onler.
(b) The tenn "person"' means an individual, public or private group incorporated or otherwise, legitimate
or illegitimate legal tribunal or entily, infurmal organization,. official or unofficial agency or body, or any
assemblage of individua1s.
(c) The term "public officer"' means a public officer as defined by s. 112.o61.
(d) The term "public employee" means a public employee as defined by s. 112.061.
(2) Any person who deliberately:impersooates or falsely acts as a public officer or tribunal, public
employee or utility employee,. including, but not limited to, marsbals,jndges, prosecutors, sheriffs,
deputies. or any law en:foreement authority in connection with or relating to any legal
process affecting persons and property, or otherwise takes any action under color oflaw against persons
or property, commits a felony of the third degree, punishable as provided ins. 775.o82 or s. 775-o83.
(3) Any person who simuJates legal process, including. but not limited to, actions affecting title to real
estate or personal property, indictments, subpoenas, 'W3II3Jl'ts, :Dgunctions, liens, orders, judgments, or
any legal documents or proceedings, knowing or having reason to know the contents of any such
documents or proceecJinw; or the basis fur any action to be commits a felony of the third
degree, punishable as provided ins. 775.082 or s. 775-o83.
(4) Any person who fa1sely under color oflaw attempts in anyway to :influence, intimidate. or hinder a
pubticoffireror officer in the di1dJaige ofhis or hn'ofticial duties by means of;, but not
limited to, threats of or aetoal phJsical abuse or harassment, or through the nse of simulated legal
process, oommils a f'elooy of the punishable as provided ins. ns.o82 or s. 775-083-
(5)(a) Nothing in this section shaD make unJawfnl any act of any law enfurcement officer or legal tribunal
which is perfOrmed under lawful authority.
(b) Nothing in this section shall prohibit individuals from. assrnabliagfleelyto express opinions or
designate group affiliation 01' associaliiRL
(c) Nothing in this section -.n prohibit or in anyway limit a penon's lawful and legitimate access to the
courts or prevent a person from :instituting or responding to "&ftimate and lawful legal process.