Essay playbook
The Delayed Prosecution
Work through The Delayed Prosecution as a public essay playbook with a fresh Florida-focused fact pattern, scored issues, and a model answer.
Fact pattern
Dana was arrested January 1, 2025 for armed robbery (felony). TIMELINE: - Jan 15: Indicted by grand jury - Feb 1: Defense filed continuance (granted, 30 days) - March 15: State requested continuance (granted, 45 days) - April 30: Jury sworn, then State moved to dismiss WITHOUT PREJUDICE - May 5: State re-arrested Dana on same charges - August 1: Second trial set (now 213 days from original arrest) Dana's attorney filed: 1. SPEEDY TRIAL: Motion to discharge arguing 175-day period expired 2. DOUBLE JEOPARDY: Motion arguing can't retry after first dismissal when jury was sworn 3. STAND YOUR GROUND: Dana claims store owner pulled gun first; seeks pretrial immunity hearing
Scored issues to spot
FL felony = 175 days. Defense continuances EXCLUDED. Calculate: 213 total - 30 defense = 183.
Subject: Criminal | Points: 20
If speedy trial expired, D files motion to discharge. State gets 10 MORE DAYS.
Subject: Criminal | Points: 15
Jeopardy attaches in jury trial when jury SWORN. Jury sworn before dismissal.
Subject: Criminal | Points: 20
FL SYG allows pretrial immunity hearing. D must prove self-defense by preponderance.
Subject: Criminal | Points: 15
Model answer
**1. SPEEDY TRIAL (FL-Specific - VERY HIGH FREQUENCY)** Florida requires felony trial within 175 DAYS. Calculation: - Total: Jan 1 to Aug 1 = 213 days - EXCLUDE Defense continuance: 30 days - Net: 183 days - EXCEEDS 175
**2. MOTION TO DISCHARGE (FL-Specific)** Even if speedy trial expired, dismissal NOT automatic. Dana must FILE motion to discharge. State gets 10-DAY RECAPTURE PERIOD.
**3. DOUBLE JEOPARDY - ATTACHED** Jeopardy attaches in JURY trial when jury is SWORN. Here, jury was sworn on April 30 BEFORE State moved to dismiss. Jeopardy attached. Retrial may be BARRED.
**4. STAND YOUR GROUND (FL-Specific)** Florida allows PRETRIAL immunity hearing. Dana must prove by preponderance she used justified force. If successful: IMMUNITY from prosecution (case dismissed). No duty to retreat if lawfully present.