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