Legal Question in Criminal Law in Florida

State Filing Charges

My Husband was arrested for 12 Felony Charges and he got an on site VOP ( hes on felony pro.) he has no bond for the VOP but hes been in jail now for 24 days and the State hasn't filed charges against him. How long are they allowed to hold him in jail without charges being filed against him I'm hearing 21 and 33 not sure what to believe. But also what process will he have to go through to get out if they don't file during the certain days? Does he have to say something to them or will they just come and release him because the Public Defender said they won0't go down to the jail because the state hasn't filed charges and they don't have a case right now.


Asked on 8/16/08, 5:34 pm

1 Answer from Attorneys
Aaron Slavin Slavin Law Firm, LLC

Re: State Filing Charges

Normally, the State has 21 days to file a felony charge. If the charge is not filed within 21 days, then the Defendant can request an adversary preliminary hearing to justify the continued detention. The Defendant does NOT get out of jail at 21 days. At 33 days, the Defendant can file a Motion for Mandatory Release, assuming the State hasn't filed any charges yet. The State can ask for an extension for one week for "good cause." So, essentially, it could take up to 40 days for charges to be filed. In your husband's case, since he has a VOP with no bond, he isn't going anywhere.. even if they ROR'd him or released him on the new charges because it is the Violation of Probation that is holding him in custody.

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Answered on 8/16/08, 6:04 pm


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