Legal Question in Criminal Law in Florida

Maximum Time Allotted for Filing of ''Information''

Hello,

I am curious...in the state of Florida...what is the maximum number of days allowed for the State Attorney to file formal charges against a petitioner. Specifically in the case of a felony. According to the statute that I read, they have 30 days. I was later told that this was only for misdemeanors, and that they have 180 days for felonies. However, the statute that I read did not specify a felony nor misdemeanor. It simply stated that if the petitioner is not incarcerated, the state attorney has 30 days to file ''information'', or ''no information''. If the state attorney fails to take any action with 30 days of the arrest, the charges will be dismissed by the clerk of the court. If you would be so kind as to tell me how it really works, it would be more than appreciated.

Thank you.


Asked on 1/09/06, 6:49 pm

2 Answers from Attorneys
W. Grey Tesh W. Grey Tesh, Florida Criminal Defense Lawyer

Re: Maximum Time Allotted for Filing of ''Information''

Generally, the State must file within 30 days or you get released from jail or your bond conditions. There are exceptions - the State may have up to 33 days to file charges. However, if the State does not file charges within the first 33 days, they can still file charges years later, depending on the degree of the felony. The 180 days you were talking about applies to speedy trial. In a felony cases, the State has to bring your case to trial in 6 months. In misdemeanor cases, speedy trial runs after 90 days from arrest.

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Answered on 1/10/06, 4:28 pm
Valerie Masters Valerie Masters, P.A.

Re: Maximum Time Allotted for Filing of ''Information''

The state has 30 days to file on a felony, but if they dont,they can release you from your bond and file anytime within the statute of limitations.

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Answered on 1/09/06, 7:12 pm


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