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.
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Fact pattern
Dana was arrested and formally charged by information on January 1, 2026 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 the January 1 formal charge) 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 a notice of expiration. The State gets 30 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 a PRETRIAL immunity hearing, and the burden matters: since SB 128 (2017) the defendant need only make a PRIMA FACIE claim of immunity, after which the STATE must overcome it by CLEAR AND CONVINCING evidence that the force was not justified (F.S. 776.032(4)). Saying the defendant must prove justification by a preponderance states the PRE-2017 rule and is now wrong.
Subject: Criminal | Points: 15
Model answer
**1. SPEEDY TRIAL (FL-Specific - VERY HIGH FREQUENCY)** Florida requires felony trial within 175 DAYS from the filing of formal charges (Rule 3.191 as amended eff. July 1, 2025; here, the January 1 information). 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 a notice of expiration. The State then gets a 30-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 a PRETRIAL immunity hearing. Dana need only make a PRIMA FACIE claim of immunity; the STATE then bears the burden of overcoming it by CLEAR AND CONVINCING evidence that her force was not justified (F.S. 776.032(4), shifted to the State by SB 128 in 2017 - the older rule putting a preponderance burden on the defendant no longer applies). If successful: IMMUNITY from prosecution (case dismissed). No duty to retreat if lawfully present.