Bulgin v. State; Patel v. State; Pelky v. State

Summary

The Supreme Court of Florida held that a criminal defendant's agreement to cooperate with law enforcement, standing alone, does not waive the right to a speedy trial or prevent the speedy-trial period from running. The court quashed the First District Court of Appeal's decision and approved the Fifth District's decision in Williams v. State. The court concluded that the State remained responsible for bringing the defendants to trial within the applicable period absent an explicit waiver or another recognized exception.

Holdings

1. A criminal defendant's agreement to cooperate with police, standing alone, does not waive the right to a speedy trial, make the delay attributable to the defendant, or render the defendant unavailable for trial under Florida Rule of Criminal Procedure 3.191.
2. Under Florida law, the speedy-trial period begins upon the defendant's initial arrest, even if formal charges are filed later.

Questions Presented

1. Whether a criminal defendant's agreement to cooperate with police, without an express speedy-trial waiver, makes delay attributable to the defendant under Florida Rule of Criminal Procedure 3.191(j)(2).
2. Whether a defendant who cooperates with police under an agreement postponing formal charges is unavailable for trial under Florida Rule of Criminal Procedure 3.191(j)(3).
3. Whether the speedy-trial period begins on the defendant's initial arrest even when formal charges are delayed until cooperation is complete.

Disposition

quashed