Legal Question in Criminal Law in Florida

held in jail w/o being charged

wha is the max you can be held in jail w/o being charged with a crime if you are held past that time can they still charge you


Asked on 4/18/09, 5:40 pm

1 Answer from Attorneys
Kendall Horween Kendall L. Horween, P.A.

Re: held in jail w/o being charged

You can be held up to 33 days. A motion for release can be filed and the Judge can give the State another 7 days if it finds good cause for the delay. After 40 days you should be released from jail on your own recognizance. If the 33 days motion was not filed then you should need to file something to bring it to the court's attention.

Staying in jail past the 40 days has no impact on the state's ability to charge you. State has 90 days for misdemeanor and 175 days for felony.

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Answered on 4/18/09, 6:26 pm


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