Standing mute on a continuance
What it means when your lawyer refuses to agree to a delay, and why it protects your trial date.
Why this matters
The government has a limited number of days to bring a case to trial. Days the defense asks for are usually subtracted from that limit; days the State causes are not.
"Standing mute" means your lawyer neither agrees nor objects to the State's request for more time — so the delay stays charged to the State and your clock keeps running.
What the document does
- Puts a spoken statement on the record at the hearing asserting your speedy trial right.
- Files a written Notice of Assertion of Speedy Trial Rights so the record shows you never consented to a delay.
- Logs each reason the State gave for the delay (lab results, missing officer, unserved subpoena) so it can be counted later.
The law where you are — Florida
- Speedy trial rule in your state
- Fla. R. Crim. P. 3.191
- Constitutional balancing test
- Barker v. Wingo, 407 U.S. 514 (1972)
- Trial court
- Circuit Court
These citations change automatically with the jurisdiction selected in the header.
Answering the background questions
“Have you ever been convicted of a crime?”
No — if your case is still pending, you have not been convicted of anything.
An arrest, a charge and a pending case are not convictions. Answer only the question asked; do not volunteer a pending case unless the form specifically asks about pending charges.
“Do you have any pending criminal charges?”
Yes, and state the charge plainly with no explanation of the facts.
This question does ask about pending cases, so answering "no" would be false. Never describe what happened — anything you write can be used against you in the case.
Be careful
- • Never talk about the facts of your case with anyone except your lawyer.
- • Never agree to a continuance yourself in the hallway or over the phone. Only your lawyer speaks for you on scheduling.
This page is general legal information, not legal advice, and reading it does not create an attorney-client relationship. Always follow the advice of the lawyer on your case.
What these court words mean
- First morning court hearing(court word: Arraignment / initial appearance)
- The first short hearing, usually within 24-48 hours of the arrest, where a judge sets release conditions.
- Released on a promise to return (no bail cost)(court word: Release on recognizance (ROR))
- The person goes home without paying anything, on their written promise to come back to every court date.
- Bail bondsman fee (usually 10%, not refundable)(court word: Surety bond)
- You pay a company a fee to post the bail. You do not get that fee back, even if the case is dropped.
- Request to drop charges form(court word: Affidavit of non-prosecution)
- A statement asking the prosecutor to drop the case. The prosecutor decides — it is not automatic.
- Missed-court arrest order(court word: Capias / bench warrant)
- A judge's order to arrest someone who did not show up for court.
- Strict stay-away rule(court word: No-contact order)
- A court rule banning calls, texts, messages passed through other people, and social media contact.
- Court check-in program(court word: Pre-trial services)
- Staff who check in with the person and remind them about court while the case is open.
- Free court-appointed lawyer(court word: Public defender)
- The lawyer the court assigns when someone cannot afford to hire one.
- The court's list of cases for that morning(court word: Docket / docket call)
- Your person's name is called from that list; arrive early and stay in the courtroom.
This information helps you navigate court administrative steps and does not constitute legal representation or advice. This is general information, not legal advice, and using these tools does not create an attorney-client relationship. Verify every date, rule and dollar figure with the defense attorney of record and the clerk of court before you act.