Legal Question in Criminal Law in Florida
How long can they hold an individual in jail wihtout filing formal charges on a no bond capital offense? Does the 30 day rule apply in capital offense arrests? Meaning after 30 days if the state has no filed charges your attorney can file a motion for your release on own recognances and the state still has a total of 180 to file formal charges on you.
Asked on 1/05/12, 11:36 am
1 Answer from Attorneys
Craig Epifanio
Craig Epifanio, P.A.
It is actually 33 days to file formal charges, and then 40 days for a mandatory release. Of course, if this is a capital case, then don't count on either of those days to come to pass unless they dismiss the charges.
Answered on 1/05/12, 12:44 pm
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