Legal Question in Criminal Law in Florida

Arraignment

How Long Does The State Have to Arraign a defendant after arrest?


Asked on 8/11/08, 9:42 pm

1 Answer from Attorneys

Joshua Westcott Law Office of Ernest J. Mullins, P.A.

Re: Arraignment

In theory, forever.

What you are looking for is not how long the state has to arraign a person, but how long the state has to take someone to trial. In Florida, there is a right to speedy trial that requires a case to be tried within 90 days for a misdemeanor, and 175 days for a felony. If the defendant does not cause any delay in the case by missing court dates, or moving to continue, then the time period still runs.

When a person is continuously reset for an arraignment, it is generally because the State has failed to file a charging document for the case. If the State takes too long to do this, it may violate the Defendant's right to a speedy trial, and a motion may be brought to discharge the case.

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Answered on 8/11/08, 11:26 pm


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