Do my misdemanor case get dismissed after 90 days?

Asked about 2 months ago - Saint Cloud, FL

a cop stopped me in osceola at night because i have tint over my front windshield. he searched my car and found a replica firearm that i use for self defense training, the firing pin was removed, it had a clip inside that had two hollow point bullets. After runnin my name he saw i had an injunction temporary against me and arrested me because he found ammo in the gun....20 days later my girl friend went to the domestic judge and recanted and the judge threw out the injunction...i am now chargded with mesidmeanor violation of injunction because of the ammo...exaclty 60 days has past and no information was filed an d there is no other court date...what is taking so long, do you think they will dismiss it or after 90 days do they dismiss it?

Additional information

i mean they ahvent filed an "information" it just says nothing, its still active my bondsman says

Attorney answers (4)

  1. Matthew Ryan Gunter

    Contributor Level 12

    2

    Lawyers agree

    Answered . Just to be clear, if a "No information" was filed with the courts, that means the state is not proceeding with charges against you. However, if they have simply done nothing, then yes, after 90 days you would file an expiration of speedy trial which would essentially bar the state from prosecuting you as they have 90 days to bring you to trial after a misdemeanor arrest. I would suggest you speak with an attorney about filing an Expiration of Speedy Trial motion. Good luck!

  2. Robert Jason De Groot

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . In Florida we call the charging document the "Information" and when the state indicates that they are not going to prosecute, they file what is called a "No Information." Have an attorney call the intake department at the state attorney's office and find out for you.

    R. Jason de Groot, Esq. We do not have an attorney-client relationship. I am not your lawyer. The statements I... more
  3. William David Umansky

    Pro

    Contributor Level 19

    Answered . so far no news is good news. Just make sure you are checking the clerks site for any updates and make sure you attend the arraignment. If you fail to appear you could be arrested again. The State will be in trouble if they file after 90 days. Good luck to you!! i am surprised there was not a court date set in your case already. Perhaps you have a lawyer already who filed pleadings on your behalf waiving your appearance?

    Please be advised that answering your questions on AVVO does not establish an attorney-client relationship with... more
  4. Alberto Marino Quirantes Jr.

    Pro

    Contributor Level 18

    Answered . No, the case will not magically be dismissed in 60 days.

    If you really care about your case and your future, hire a criminal defense attorney to fight this for you. There is no other answer, no other free advice will do.

    If this answer helped you, please be so kind as to mark it "helpful" or "best answer". This would be greatly... more

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