Motion for Discharge under Florida’s Speedy Trial Rule (Fla. R. Crim. P. 3.191)
What happens when law enforcement arrests someone in Florida, but the State Attorney’s Office fails to file formal charges within the required deadline?
When prosecutors take too long to file an Information or Indictment, Florida’s speedy trial clock continues to run.
If the speedy trial deadline lapses before formal charges are filed, the defendant is often entitled to an immediate discharge with prejudice, permanently barring the State from prosecuting the case.
At Sammis Law Firm, our criminal defense attorneys aggressively enforce Florida Rule of Criminal Procedure 3.191 to hold prosecutors accountable and protect our clients’ constitutional rights.
How Long Does the State Have to File Formal Charges in Florida?
Under Florida Rule of Criminal Procedure 3.191(a), the speedy trial clock begins the moment the accused is taken into custody.
For speedy trial calculations, custody occurs when:
- The defendant is physically arrested for conduct arising from the criminal episode; or
- The defendant is served with a formal Notice to Appear (NTA) in lieu of physical arrest.
From the custody date, the State Attorney’s Office has a strict deadline to bring the case to trial:
- Misdemeanor charges: 90 days
- Felony charges: 175 days
The date of the original arrest remains the focal point for speedy trial calculations, not the date the prosecutor ultimately decides to draft the charging document (Weed v. State, 411 So. 2d 863, 865 (Fla. 1982)).
When Does a Defendant Get “Immediate Discharge” Without Recapture?
Under typical circumstances where charges are timely filed, the defense files a “Notice of Expiration of Speedy Trial.”
As a general rule, filing the “Notice of Expiration of Speedy Trial” triggers Florida’s 15-day “recapture period” under Rule 3.191(p), where the court holds a hearing within 5 days and must bring the defendant to trial within 10 days.
An exception to that rule applies when the State fails to file formal charges before speedy trial runs out.
If the 90-day (misdemeanor) or 175-day (felony) window expires and the prosecutor has never filed an Information or Indictment, the State loses the benefit of the recapture window.
Under Florida Supreme Court precedent:
- The defense files a Motion for Discharge.
- Because no charging document existed prior to the expiration of the speedy trial period, the court must grant immediate discharge.
- The prosecution cannot file charges at a later date, and the case is permanently dismissed.
If the trial court erroneously denies a timely Motion for Discharge when speedy trial has run, our attorneys can file an emergency Petition for Writ of Prohibition in the appropriate District Court of Appeal to restrain the trial court from continuing the prosecution.
Effect of a “No Action,” “Nolle Prosequi,” or Dismissal by the State
Prosecutors cannot circumvent Florida’s speedy trial rule by temporarily dropping the charges or declaring “no action” while they gather evidence.
1. Nolle Prosequi Does Not Toll Speedy Trial
In State v. Agee, 622 So. 2d 473 (Fla. 1993), the Florida Supreme Court held that entering a nolle prosequi does not pause or toll the speedy trial clock:
“…to allow the State to unilaterally toll the running of the speedy trial period by entering a nol pros would eviscerate the rule. A prosecutor with a weak case could simply enter a nol pros while continuing to develop the case and then refile charges based on the same criminal episode months or even years later, thus effectively denying an accused the right to a speedy trial while the State strengthens its case.” (Id. at 475).
2. “No Action” Notices Before Formal Charges
Similarly, in Genden v. Fuller, 648 So. 2d 1183 (Fla. 1994), the Florida Supreme Court held that the State cannot toll the speedy trial window by announcing “no action” prior to filing formal charges. If the speedy trial period lapses following an arrest, the State is forever barred from filing an Information based on the same conduct.
3. Grand Jury “No True Bill”
In Thigpen v. State, 350 So. 2d 1078 (Fla. 4th DCA 1977), the court ruled that when a grand jury returned a “No True Bill” for first-degree murder and the defendant was released, the speedy trial clock kept running. The State could not subsequently rearrest and charge the defendant with second-degree murder after the speedy trial window lapsed.
Speedy Trial vs. The Florida Statute of Limitations
Florida’s statutory speedy trial rights are often confused with Florida’s Statute of Limitations set out in Section 775.15, Florida Statutes.
The differences between these two provisions including:
| Legal Defense | Florida Speedy Trial Rule (Fla. R. Crim. P. 3.191) | Florida Statute of Limitations (F.S. § 775.15) |
|---|---|---|
| Trigger Event | Date of physical arrest or service of Notice to Appear. | Date the alleged criminal offense was committed. |
| Standard Timeframe | 90 days (Misdemeanors) / 175 days (Felonies). | 1–4 years (depending on severity; no limit for capital felonies). |
| Purpose | Guarantees prompt prosecution once an arrest occurs. | Prevents stale claims before prosecution begins. |
| Primary Remedy | Complete discharge and dismissal with prejudice. | Dismissal of the charging document. |
Consult a Criminal Defense Attorney in Tampa, FL
If you were arrested in the greater Tampa Bay area, and the State has delayed filing charges, speak with our defense team to evaluate your speedy trial rights.
We can investigate whether the state’s delay entitles you to an immediate dismissal.
- Tampa Office: 1005 N. Marion St., Tampa, FL 33602 | (813) 250-0500
- Clearwater Office: 14010 Roosevelt Blvd. #701, Clearwater, FL 33762 | (727) 210-7004
- New Port Richey Office: 7509 Little Rd., New Port Richey, FL 34654 | (727) 807-6392
- Winter Park Office: 1950 Lee Rd Unit 208, Winter Park, FL 32789 | (407) 598-9011
