Motion to Dismiss Granted!

Case Number: 24CM013272A

Hillsborough County, Florida

On 04/29/2026 a Hillsborough County Court Judge granted our Motion to Dismiss on the grounds that our client's Constitutional Right to a Speedy Trial had been violated.

• Procedural History:

  • On December 11, 2024, the State Attorney's Office in Hillsborough County filed an Information charging my client with 1 count of Misdemeanor Battery with an alleged offense date of August 30, 2024.

  • Fourteen months later, on February 13, 2026, a summons was issued to my client.

  • On March 9, 2026, we filed a Motion to Dismiss asserting a violation of my client's Constitutional Right to a Speedy Trial.

  • The motion hearing was held on 04/28/2026.

• Legal Analysis:

  • The court applied the 4-factor test laid out in Barker v. Wingo, 407 U.S. 514, 527 (1972).

  • Length of the Delay

    • The court agreed that the fourteen and a half month delay between filing and serving the summons on the defendant was presumptively prejudicial.

  • Reason for the Delay

    • The State provided no information as to the reason for the delay, nor did it provide any evidence that it had tried to otherwise serve or notice the Defendant despite the Defendant residing in Hillsborough County during the entire relevant time period.

  • Whether the Defendant Timely Asserted his Rights

    • The court found that the Defendant filing the Motion to Dismiss seventeen days after being served with the summons was timely.

  • Existence of Prejudice

    • The court found that the Defense was not required to show actual prejudice given that the first 3 factors weighed heavily against the government.

• Ruling:

  • CASE DISMISSED!