Legal Question in Criminal Law in Florida

This issue is more complicated than it seems. First, you are asking about two different things. The rule is that if one has been in jail for 30 days w/o an information being filed, the clerk is supposed to notify the judge, who then notifies the State and gives them 3 days to file. If the charges haven't been filed by the end of the 33rd day, the person is supposed to be released ROR. For good cause, the State can ask for an additional seven days. It rarely works that way. In almost all cases, the attorney for the accused must file a motion on or after the 30th day. Almost all judges give the State 3 days to file and set a hearing. Occasionally, the State doesn't file, but more often than not, they file something just to keep the guy in jail.

As to an adversarial preliminary hearing, if an accused is held for 21 days or more w/o an Information being filed, he is entitled to a hearing to determing whether there is probable cause to hold him. If there is not, he is supposed to be released ROR. However, these hearings are rarely held, and never on the 21st day.