Sarasota Criminal Attorney Blog
Criminal defendants in federal court are protected both by the Speedy Trial Act and the Sixth Amendment right to a speedy trial. These protections require that the government bring charges and proceed to trial within specified time limits, unless continuances are properly justified and granted. When defendants believe their rights have been violated, they may move to dismiss the indictment or argue on appeal that delays undermined the fairness of the proceedings. A recent Florida decision issued in a robbery case illustrates the limits of such arguments, affirming that not all delays are attributable to the government and that defendants cannot obtain dismissal without showing actual prejudice. If you are charged with a theft crime, it is important to understand your rights, and you should speak to a Sarasota theft crime defense attorney as soon as possible.
Factual and Procedural Background
It is alleged that the defendant was arrested on state charges before being transferred to federal custody, at which point he was indicted for six counts of Hobbs Act robbery. Reportedly, the defendant’s trial began approximately fourteen months after his federal arrest and ten months after his indictment.
It is reported that the defendant attempted to preserve a claim under the Speedy Trial Act by filing a pro se motion to dismiss, even though he was represented by appointed counsel at the time. Under the Southern District of Florida’s local rules, defendants represented by counsel are not permitted to file pro se motions, and the district court later replaced the public defender with private counsel. However, the new attorney did not renew the motion to dismiss.
It is alleged that the delays in the case were due in part to the COVID-19 pandemic, which complicated grand jury proceedings and halted jury trials in the district court for a period. It is further reported that the defendant himself requested three continuances, which accounted for approximately seven months of the total delay. The jury convicted the defendant, after which he appealed.
Speedy Trial Claims
On appeal, the court reviewed both statutory and constitutional speedy trial arguments. Under the Speedy Trial Act, the court explained that a defendant must properly move to dismiss within the framework of the statute. Because the defendant’s pro se filing was invalid while he was represented by counsel, and because his subsequent counsel never filed such a motion, the right to dismissal under the Act was waived.
Turning to the Sixth Amendment, the court applied the four-factor balancing test from Barker v. Wingo: (1) the length of the delay, (2) the reason for the delay, (3) the defendant’s assertion of his right, and (4) prejudice to the defendant. While the length of the fourteen-month delay was presumptively prejudicial, the second factor did not weigh against the government, since much of the delay was caused by pandemic-related court closures and the defendant’s own continuance requests.
Regarding the third factor, the court emphasized that although the defendant initially asserted his right, he later waived it when seeking continuances. Finally, on the fourth factor, the court concluded that the defendant was not actually prejudiced by the delay. Indeed, his continuances provided him more time to prepare his defense, and he could not identify any witnesses lost or evidence compromised. Accordingly, the court held there was no violation of the constitutional right to a speedy trial.
Meet with an Experienced Sarasota Theft Crime Defense Attorney About Your Case
If you are charged with a theft offense, including robbery or other violent offenses, you must be vigilant in preserving your statutory and constitutional rights, and it is in your best interest to meet with an attorney. The experienced Florida theft crime defense attorneys at Hanlon Law are committed to protecting clients’ rights and ensuring the government meets its obligations under the law. Contact our Sarasota office at 941-462-1789 or fill out our online form to schedule a consultation today.