Legal Question in Criminal Law in Florida
filing formal charges
I read under florida statute 932.63 if the petitioner is not incarcerated the states attorney only has 30 days to file charges with no specification for felony nor misdemeanors. Could I make that hold up in court so they would drop charges?
Asked on 1/25/08, 9:41 pm
1 Answer from Attorneys
Brent Rose
The Orsini & Rose Law Firm
Re: filing formal charges
No. The appellate courts have said that the statute is largely meaningless, since the prosecutor could just turn around and file the charges all over again. So, rather tha waste everybody's time, judges won't uphold 932.63.
Answered on 1/27/08, 10:50 pm
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