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Michelle
Michelle, Elected/Appointed Official
Category: Criminal Law
Satisfied Customers: 4136
Experience:  30 + yrs in the legal profession incl. criminal, family, politics, legislator judiciary 6 yrs
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in the state of florida I went to clerk of court to ask for ...

Customer Question

in the state of florida I went to clerk of court to ask for a waiver of speedy trial for filed by son's public defender. the clerk gave me a form stating in the motions section WST. Form was stamped legal and was stamped fifteen minutes before my son appeared before the court. Public Defender without conferring with my son who had already told him he did not want to give up his right to a speedy trial did so anyway. My question is WST all there is to this proceedure?
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Michelle replied 6 years ago.

DearCustomer/p>

Do you know if your son signed any documents - anything that would indicate he did not want to waive his right to a speedy trial? I suggest that he will want to look closely at all of the documents he signed for the public defender - sometimes there is a statement in the paperwork - to protect all parties; otherwise, it would be the lawyers word against the client.

Also, is there a reason your son did not want to waive it? Many times, this is to the defendant's benefit to waive as it gives the attorney an opportunity to gather all the discovery needed to place a defense - for instance, information on the breathalyzer, was there probable cause, etc. It is not something that is merely advantageous to the prosecutor - they already have the facts - they only need to present them and without the defense information they could ready prove guilt beyond a reasonable doubt.

However, if there is no paperwork showing that your son did waive his right to ST, then he will need to speak with the supervisor in the PD's office and tell them what this attorney did and ask that it be corrected immediately as he is ready for trial.

Best to you and your son,

 

If my answer has been helpful, please ACCEPT my answer so I get credit for my effort to help you . If I can be of further help, let me know. Appropriate FEEDBACK is appreciated as is a bonus. Thanks ~ Michelle

Michelle, Elected/Appointed Official
Category: Criminal Law
Satisfied Customers: 4136
Experience: 30 + yrs in the legal profession incl. criminal, family, politics, legislator judiciary 6 yrs
Michelle and 10 other Criminal Law Specialists are ready to help you
Customer: replied 6 years ago.
my question was. Is






































wst all the motion needed to waive speedy trial
Expert:  Michelle replied 6 years ago.

DearCustomer/p>

Apologies - yes. That would be all that is needed - and it would be filed based on an understanding with the defendant - that is why I suggest your son read all the papers he has signed.

 

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