Speedy trial
You have a constitutional right to a speedy trial, and each court on this site also sets its own time limits for the prosecution. Those limits are not simple day counts: some time does not count, and the rules differ by court. A lawyer has to track the clock from the first day and raise it at the right time.
The right itself
The Sixth Amendment gives every accused person the right to a speedy and public trial by an impartial jury, along with the right to confront witnesses and to the assistance of counsel [1]. The day counts below come from each court's own rules, cited line by line.
Two cautions before the numbers. First, every limit below leaves out certain periods, such as delay caused by the defense or other time the rule excludes. Second, a limit that applies to a person held in jail is often different from the limit for the trial itself, and running out of time may mean release from jail on conditions, not an end to the case.
The time limits, court by court
| Court | Limit for trial | If the person is held in jail |
|---|---|---|
| New York | Prosecution must be ready within six months for a felony, 90 days for a misdemeanor punishable by more than three months, 60 days for a lesser misdemeanor, 30 days for a violation [2] | Release on bail or recognizance if not ready within 90 days (felony), 30 or 15 days (misdemeanors), or 5 days (violation) of the start of custody [3] |
| New Jersey | See the custody limits | No more than 180 days in jail after indictment before trial starts, and release after a hearing if the prosecutor is not ready two years after the detention order, with excluded time [4] |
| Florida | 90 days for a misdemeanor, 175 days for a felony, from formal charge, without a demand [5] | Florida's limits on how long a person may be held before formal charges are on the bail page [6] |
| Pennsylvania | Trial must start within 365 days of the filing of the complaint, as the rule computes it [7] | No more than 180 days in pretrial incarceration from the filing of the complaint; motion for release on nominal bail [8] |
| Federal court | Trial within 70 days of the indictment or first appearance, whichever is later, with excluded periods [9] | Trial within 90 days of the start of continuous detention, with excluded periods [10] |
Details that differ by court
New York
The clock runs from the start of the criminal action, not counting periods the statute excludes [2]. The custody limit leads to release on bail or recognizance on just and reasonable conditions; it is release from jail, not an end to the case [3].
New Jersey
The 180-day and two-year limits apply to a person detained under the Criminal Justice Reform Act, not counting excludable time, and the court may make findings that allow more time [4].
Florida
Under the current rule, the 90-day and 175-day periods start when the person is formally charged [5]. A defendant charged by indictment or information may file a "Demand for Speedy Trial"; the court must hold a calendar call within 5 days and set trial between 5 and 60 days from the demand [11]. After the period runs, the defense may file a "Notice of Expiration of Speedy Trial Time"; the court must hold a hearing within 5 days and, unless an exception applies, order trial within 30 days, the "recapture" period, before any discharge [12]. A demand is a strategic step. Do not file one, or ask for one, without your lawyer's advice.
Pennsylvania
The 365-day period is computed under the rule, which leaves out certain delay [7].
Federal court
Unless the defendant consents in writing, trial may not start less than 30 days after the defendant first appears through a lawyer, which gives the defense time to prepare [9]. Before that, an indictment or information must be filed within 30 days of arrest or service of a summons, subject to exceptions [13].
See the full sequence for your court in What happens next or on the pages for New York, New Jersey, Florida, Pennsylvania and federal court.
Common questions
Does the case end automatically when the time runs out?
No. Every limit on this page has excluded time, exceptions or extra steps, and your lawyer has to track them and raise them. Ask your lawyer to explain how the clock is running in your case.
Should I agree to adjourn my case?
Ask your lawyer first, every time. Agreeing to delay can affect how the time is counted.
Sources
- U.S. Const. amend. VI. Current as of November 11, 2026. Official text
- N.Y. Crim. Proc. Law § 30.30(1) (rev. 2025-08-08). Current as of November 11, 2026. Official text
- N.Y. Crim. Proc. Law § 30.30(2) (rev. 2025-08-08). Current as of November 11, 2026. Official text
- N.J.S.A. 2A:162-22(a)(2)(a) (P.L.2014, c.31, § 8). Current as of November 11, 2026. Official text
- Fla. R. Crim. P. 3.191(a). Current as of November 11, 2026. Official text
- Fla. R. Crim. P. 3.134(a). Current as of November 11, 2026. Official text
- Pa. R. Crim. P. 600(A)(2)(a) (amended Nov. 3, 2023, eff. Jan. 1, 2024). Current as of November 11, 2026. Official text
- Pa. R. Crim. P. 600(B)(1), (D)(2). Current as of November 11, 2026. Official text
- 18 U.S.C. § 3161(c)(1), (c)(2), (h). Current as of November 11, 2026. Official text
- 18 U.S.C. § 3164(b), (c). Current as of November 11, 2026. Official text
- Fla. R. Crim. P. 3.191(b). Current as of November 11, 2026. Official text
- Fla. R. Crim. P. 3.191(o). Current as of November 11, 2026. Official text
- 18 U.S.C. § 3161(b). Current as of November 11, 2026. Official text
Arrested, or think you might be? Call before you answer any questions.
Call and tell us who was arrested or contacted and where the case is. A lawyer will tell you what happens next and what to do tonight. Please do not type what happened into a form or an email. We will talk about it on the phone.