Arrest And Imprisonment In Florida
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FAQ
Criminal records begin the moment a person is arrested for a crime. They effectively last for the rest of your life. However, the information recorded may be able to be removed or made inaccessible through expungement or sealing.
Florida law requires that the state attorney file formal charges within 30 days of the arrest if the defendant is in custody.
First-time offenders in Florida may be eligible for alternatives to jail time, depending on the circumstances of their case. These alternatives are often part of diversion programs or negotiated plea deals and can help defendants avoid incarceration while still facing consequences for their actions.
(a) A prosecution for a felony of the first degree must be commenced within 4 years after it is committed. (b) A prosecution for any other felony must be commenced within 3 years after it is committed. (c) A prosecution for a misdemeanor of the first degree must be commenced within 2 years after it is committed.
The process begins when a victim, or one having knowledge of a crime, files a sworn statement with the proper authority known as a complaint. Once a complaint has been investigated, and the complaint is found to have probable cause, a crime can be charged either by information or indictment.
Florida law requires that the state attorney file formal charges within 30 days of the arrest if the defendant is in custody.
Rule 3.134 of the Florida Rules of Criminal Procedure provides that if you are in jail, the prosecutor has 33 days from the date you are arrested to file formal charges against you.
The time it takes for the warrant to be issued in Florida depends on several factors, including whether the law enforcement officer can request an electronic arrest warrant. Law enforcement officers can sometimes obtain an electronic warrant within a few hours. In most cases, however, it takes a few days.