Question: How long does the Florida state attorney have to file formal charges?
The case in question involved an arrest for "battery on a law enforcement officer."
Part 1. The short answer.
For a MISDEMEANOR in Florida, the time limit for the State Attorney's Office (the SAO) to file charges is 90 days.
For a FELONY in Florida, the time limit for the SAO to file charges is 175 days.
(Assaulting a police officer is probably a felony.)
Part 2. The complete answer.
Being arrested is different from being charged with a crime. Police officers arrest a person, but it's the State Attorney's Office (the SAO) that files formal charges. The SAO will review the facts of the case and may decide that pressing formal charges is not justified or worthwhile.
There is a time limit to file formal charges. The time limit starts with the initial arrest (or when the suspect is first taken into custody).
See Part 1 above for how much time the state has to file charges. Note that misdemeanors are crimes that generally mean less than one year in jail, while felonies are crimes that generally mean more than one year in jail.
The situation is different under the following circumstances:
If a suspect is in jail and cannot afford bail, the SAO has only 30 days to file formal charges. If it fails to do this, then on the 33rd day (and with notice to the State of Florida) the court must order the suspect released on his own recognizance. However, if the SAO can show good cause then it can petition the court for an extension to the 30 day time limit. The extension will only last 10 more days (for a total of 40 days from the initial arrest/custody).
by Southern Gent
My husband was arrested 42 days ago and has not been formally charged . No public defender has made contact with him . And we can't aford to bond him out , but can't seem to get him into court for a bond reduction unless a lawyer files the paper work . What can we do to get him into court , or released ?
Is the 33 days straight up are they working days
my pd wont even talk to me about my case till formal charges are made, I was given a bond reduction hearing after a week w/o even asking 4 it, and have 2 felonies and 3 misdos, but in the state of fl they have 2 release you from county jail after 33 days if they have not filed yet, w/o having 2 post a bond. I've been given mixed info about how many days the states attorney has to file formal charges by my pds secretaries 1 told me they have 180 days to file and another told me they have no time limit on filing on felonies. So who really knows I feel like they just make it up as they go along and there's nothing you can do about it if you don't know the actual laws. It seem to me its just all about the money for non violent criminals like myself an all i am is a disabled person who got caught w/ drugs due to the fact I have chronic pain issues and they've made it so difficult to get pain meds for people who really need them to get them legally because of all the people who drs give them to who don't need them so I was forced 2 buy them off the streets and was treated like the scum of the earth by the arresting officer like I was some king pin selling smack 2 school kids. I wasn't hurting any and now have major legal issues and serious anxiety waiting 76 days now just 4 a arraignment.
drunk and disordley
If the state attorney Notice/Intent to Delay Finding Pending Further Review 31 days after an felony arrest does that affect the 175 day requirement to file charges? Like wise the 90 day requirement for a misdemeanor charge? The accused is out on bail...Thank you.
a police officer write a report for domestic violence battery against my husband, he is supposed to be arrested but no arrest is done yet, in other hand there's no warrant issued and no case file under the number he provide me at the time he take the report. What I should do?
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