Legal Question in Criminal Law in Florida

Lock up for robbery,home invasion,firearm. There have been no investigatin for 3week. No one came forward and press charges and hed still lock up now what to do?


Asked on 10/27/10, 8:13 pm

1 Answer from Attorneys

Kendall Horween Kendall L. Horween, P.A.

A person can be held in custody for up to 40 days without having charges filed. He should do a motion for release on on recognizance after 33 days. The Judge can give state another 7 days to file charges at that point. If the state does not file he should be releases without the need for bond. Otherwise, if he currently has no bond he can request a bond hearing if he doesn't want to wait the 40 days.

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Answered on 11/02/10, 4:28 am


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