There’s a potential legal problem for prosecutors in the state of Florida involving the constitutional right to a speedy trial.
To deal with the COVID-19 pandemic, the Florida Supreme Court put a stay on the right at the beginning of the pandemic, meaning it was on hold until the state deemed it safe and could accommodate enough trials to resume.
Now some defense attorneys are asking whether that’s constitutional and what it could mean for the backlog of cases.
“The Supreme Court and our legislators have taken steps to make sure not every criminal defendant is let go because they’re not afforded their right to a speedy trial,” said Shannon Schott, president of the Florida Association of Criminal Defense Lawyers Northeast Chapter.
But she added: “I don’t think this issue has been litigated. The state of Florida and the United States government, to take away speedy trial right, has to have significant compelling state interest.”
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At this point, it’s unclear what would happen if the state Supreme Court order is overturned because a defense lawyer appeals it for a client. Some attorneys have told News4Jax it could be considered a precedent for countless other cases in the state that have been delayed.
This issue has started to pop up in Northeast Florida -- first in Gainesville, where Brandy Lee Johnson was arrested in for allegedly trying to cut a child with a meat cleaver. In August, a judge ruled prosecutors did not formally charge her quickly enough for a speedy trial and dismissed her charges. Prosecutors have argued the judge in Alachua County did not follow the state Supreme Court guidelines on the pandemic and have appealed the ruling.
It was the opposite in Clay County, where David Pulliam is charged with DUI after a crash last year in Fleming Island that critically injured two people. The judge sided with prosecutors who upped his charges after the speedy trial period of 175 days. In that case, Pulliam was represented by the Public Defender’s Office. Public Defender Charlie Cofer declined an on-camera interview with News4Jax but did say his office is “actively researching” the issue.
Cofer’s office has had to deal with an increased backlog of cases. From April to this week, the number of active felony cases has steadily risen, as indicated by this chart News4Jax obtained that was put out by the Duval County Clerk of Courts.
News4Jax also spoke with Benjamin Preester, who’s a professor of law at Florida Coastal School of Law. He said the state could feasibly prove that the pandemic does constitute a compelling state interest for the suspension of speedy trial. But he pointed out that defense lawyers could argue that the state and federal government had knowledge of COVID-19 before there was an outbreak in the U.S. and could have made changes to accommodate accused felons who were waiting on a trial.