Legal Question in Criminal Law in Florida

Re: formal charges

Within 21 days after an arrest, the State must file charges or the defendant will be entitled to an APH, or an adversarial preliminary hearing. If the state does not file charges on the 30th day, the Defendant can ask the Judge to be released on the 33rd day, but it is within the Judge's discretion. If the State does not file charges on 40th day, the Judge must release the defendant.

Keep in mind, however, that the defendant will only be released. That does not mean that the charges will disappear. The State can still file formal charges at a later date.

If you would like to discuss this further, please give me a call at your convenience.

Re: formal charges

It depends on the crime. If it is a misdemeanor then the state has one year from the date of arrest to file charges. If it is a 3rd Degree felony (theft, possession under a certain amount, etc.) then the state has three years to file. If it's a second degree felony or first degee felony they have from 4 years and possibly infinite time. If you can respond back to me with the crime committed I could provide you with an exact answer.

All My Best,

Joseph Vredevelt