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Florida Emergency Motion to Release Prisoner for Violation of Speedy Trial Right

Florida Emergency Motion to Release Prisoner for Violation of Speedy Trial Right

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Published by Bob Hurt
Bob Hurt presents this emergency motion to release prisoners for violation of speedy trial rights. A Florida Court convicted Nancy Grant for 19 counts of unauthorized practice of law for giving this motion to prisoners and helping them file it. Some had languished for up to 5 years in DeSoto County Jail without a single hearing. Public Defenders had visited them once in jail, filed a motion to continue the case (stopping the speedy trial clock), and collected $200 a month while leaving them there to rot. Every county jail prisoner in jail for 3 months on a misdemeanor or 6 months on a felony charge needs to read this motion. If I languished in jail without a hearing, I would want someone to give the motion to me so I could fill it in, file it with the court, and argue for an immediate release after the speedy trial right got violated. I am not a lawyer and did not write this motion. I present it for education only.
Bob Hurt presents this emergency motion to release prisoners for violation of speedy trial rights. A Florida Court convicted Nancy Grant for 19 counts of unauthorized practice of law for giving this motion to prisoners and helping them file it. Some had languished for up to 5 years in DeSoto County Jail without a single hearing. Public Defenders had visited them once in jail, filed a motion to continue the case (stopping the speedy trial clock), and collected $200 a month while leaving them there to rot. Every county jail prisoner in jail for 3 months on a misdemeanor or 6 months on a felony charge needs to read this motion. If I languished in jail without a hearing, I would want someone to give the motion to me so I could fill it in, file it with the court, and argue for an immediate release after the speedy trial right got violated. I am not a lawyer and did not write this motion. I present it for education only.

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Published by: Bob Hurt on Jun 29, 2011
Copyright:Attribution Non-commercial

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12/25/2014

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. IN THE CIRCUIT COURT OF THE _____ JUDICIAL CIRCUIT,IN AND FOR ______________ COUNTY, FLORIDACRIMINAL DIVISION
 ______________________ 
DefendantVs. Case No.:(s)_ 
STATE OF FLORIDA
Respondent.
EMERGENCY MOTION TO DISMISS
Defendant, Pro-se, pursuant to Florida Rules of Civil Procedure Rule 1.420 (e); andFlorida Rules of Criminal Procedure Rule3.191 (D)(3), moves this Court to dismiss theinstant case and to discharge Defendant from any further prosecution or custody ininstant case. Defendant presents the following for review in support of the action:
FACTUAL BASIS
1.
Defendant was arrested on: ______________________________________________.
2.
Defendant was charged with: ____________________________________________.
3.
The Government has imprisoned Defendant within the County Jail foapproximately __________ days since the date o ____________________________ (day, month, year).
4.
Defendant has obtained the effective assistance of legal counsel, asconstitutionally guaranteed, in the form of:
a court-appointed Public Defender;
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a special appointed attorney;
a private attorney;
no one (Defendant haschecked the appropriate box).
5.
Defendant has the absolute constitutional right to speedy trial without demandwithin the Time Frame of 175 days after a felony arrest and 90 days after amisdemeanor arrest.
6.
The Government failed to initiate the trial within said Time Frame.
7.
The failure to prosecute resulted from a Government-caused, unusual, andinsufficiently justified Delay between arrest and trial.
8.
Said Delay seriously injured and prejudiced the Defendant by violating theDefendant’s constitutionally guaranteed rights to due process and speedy trial.
9.
Said Delay has critically impaired the Defendant's defense by dimming memoriesand directly causing the potential loss of exculpatory evidence, thereby subjectingDefendant to oppressive pre-trial detention and reflecting prejudice againstDefendant.
10.
Regardless of any contention by Government minions that said delay arose as aresult of Defendant’s continuances or tactical defense decisions, the Government bears the burden to avoid prosecutorial neglect by initiating prosecution withinsaid Time Frame.
11.
Defendant
did;
did not cause or contribute to said delay by unavailability for trial, by requesting a continuance, by lack of investigation, or by lack of  preparation for trial (Defendant has checked the appropriate box).
12.
Any continuance requested by Defendant arose as a result of the Government’sobstruction of due process through direct and intentional obfuscation,incompetence, disorganization, negligence, or constructive lack of cooperation;
2
 
said obstruction made it impossible for Defendant to obtain a speedy trial and justtreatment by the Government..
13.
The Government has the obligation to dismiss with prejudice all charges againstDefendant, and immediately to release Defendant from custody in the instant case;Defendant has the absolute right to a dismissal with prejudice and to immediateand complete liberation.
14.
Failure to dismiss and discharge Defendant would seriously undermine theconstitutional principles of a fair and impartial trial without delay, thus creating amiscarriage of justice.
ARGUMENT AND MEMORANDUM OF LAW
The Constitutions of the United States of America (Amendment VI) and Florida (ArticleI Section 16), guarantee a speedy trial to everyone charged with a crime.Florida Statute 918.015 “Right to speedy trial” provides “(1) In all criminal prosecutionsthe state and the defendant shall each have the right to a speedy trial. (2) The SupremeCourt shall, by rule of said court, provide procedures through which the right to a speedytrial as guaranteed by subsection (1) and by s. 16, Art. I of the State Constitution, shall berealized.”The Florida Supreme Court obeyed Florida Statue 918.015 by issuing the Florida Rulesof Judicial Administration which requires in Rule 2.250 (a)(1)(A) that the Trial CourtTime 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 withoutdemand" that “(a): Every person charged with a crime by indictment or information, shall be brought to trial within 175 days if the crime charged is a felony. If trial is notcommenced within this time period, the Defendant shall be entitled to the appropriateremedy as set forth in subdivision (p) below.”
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