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The state shall file formal charges on defendants in custody by information, or indictment, or in the case of alleged misdemeanors by whatever documents constitute a formal charge, within 30 days from the date on which defendants are arrested or from the date of the service of capiases upon them.
Find upcoming traffic and criminal court dates by searching eCaseView, our online case viewing system. Civil court dates are not listed on the eCaseView court events screen. However, a Notice of Hearing with the court date may be available under the eCaseView Dockets & Documents tab.
You will usually see a judge within 24-48 hours of your arrest. The judge will decide if there is actually probable cause to hold you longer or whether you should be released without charges or on bail. He or she will determine if bail is necessary and set the amount.
Someone can be held in jail for 33 days without being charged, ing to Rule 3.134 of the Florida Rules of Criminal Procedure. It is important to note that the state actually only has 30 days to charge an arrestee with a crime. If it has not filed charges by that date, it must release the arrestee by the 33rd day.
Before a trial can begin, numerous legal procedures and pretrial motions need to be addressed. These include requests for discovery of evidence, motions to suppress evidence, and other motions involving extensive legal arguments.
At arraignment, the defendant will be formally advised of the charges filed by the State. The defendant is also informed of the right to an attorney. If the accused indicates an inability to afford an attorney but wishes to be represented, the judge may appoint an attorney from the Public Defender's Office to the case.
Although each case is different, Florida Criminal Cases usually last about 90 days for misdemeanor and 180 days for felonies.
The prosecutor has 90 days to file a charge against you for a misdemeanor and 175 days for a felony. But, they usually don't take nearly that long to make a decision. And, don't listen to the deputies at the jail. They always tell you that you will get a court date in a couple of weeks.