Call For a Free Criminal Defense Consultation 813-523-6114
1.

There is no such thing as a right to a "Speedy Trail."

frequent-mistakes
* Actor not actual lawyers or judge

What you probably mean is right to a speedy trial and it has nothing to do with hiking.  Without a demand for “speedy,” Fla.R.Crim.P. 3.191(1) allows the government 175 days for prosecution of a felony and 90 days for a misdemeanor offense.  However, speedy trial may be extended by agreement of the parties, exceptional circumstances (unexpected witness unavailability, unusual or complex case, evidence unavailable but will be soon, unanticipated developments, reasonable accommodation of a co-defendant), good cause shown by accused, or other reasonable and necessary delay.  With a demand, “speedy” pursuant to Fla.R.Crim.P. 3.191(b) runs in 60 days whether it is a felony or a misdemeanor charge.  If the defense requests a continuance, accepts a trial date outside of speedy, or is otherwise deemed to waive the right, then there is no more statutory speedy trial.

2.

Pleading "No Contest" will not result in a criminal record.

There are three pleas typically entered in a criminal case.  “Not Guilty” means you plan to fight the charges or at least have a meaningful opportunity to get discovery and review the strength of the State’s case prior to admitting guilt.  Pleading “Guilty” or “No Contest” or “Nolo contendere” will result in the same thing, sentencing and a criminal record.  Some Courts will not permit a no contest plea and will only allow an accused to enter a plea of guilty as part of negotiations.  Either way, the sentence is the same.  The court is free to sentence an accused to a withhold adjudication or adjudicate guilty regardless of the plea.

3.

It does not matter if I get Adjudicated Guilty or have a Withhold of Adjudication in a Misdemeanor case.

This is false.  Being adjudicated has additional consequences in most cases.  If you have ever been adjudicated for any offence; including a misdemeanor or a criminal traffic charged (such as DWLSR with knowledge), you will not be able to get any other criminal record sealed or expunged in your lifetime.

4.

It’s lawful to have premarital sex.

Per Fla. Statute 798.02 Lewd and lascivious behavior.  “If any man and woman, not being married to each other, lewdly and lasciviously associate and cohabit together, or if any man or woman, married or unmarried, engages in open and gross lewdness and lascivious behavior, they shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.”

Thomas Law