How long can the police hold a person in jail without charges in Florida?

Asked over 4 years ago - High Springs, FL

How long can the police hold a person in jail without charges in Florida?

Attorney answers (4)

  1. Craig A. Epifanio

    Contributor Level 18

    Answered . A person must be brought before the judge when arrested within 24 hours. The judge must then make a probable cause determination, which is a fairly low standard. Assuming the probable case standard is met, then the person can only be held for 33 days up to a maximum of 40 days before charges must be filed. If not, they must release them. There are exceptions and ways to accelerate or extend these dates. You should talk to an attorney in your area about this to get more details if this is the case for you.

  2. Brian J. Barakat

    Contributor Level 10

    Answered . A bond hearing must be held right away. They could hold him over the weekend though depending on the county. Then charges have to be filed within 21 days or you have an opportunity to be release without bail.

  3. James Anthony May

    Contributor Level 8

    Answered . In Florida, if a person is incarcerated for 21 days or more and the State has not filed formal charges at that point, the defendant/arrestee is entitled to an "APH" or adversarial preliminary hearing, where the State can call witnesses to show probable cause that justifies the incarceration and why it should be prolonged. If the State does not provide any witnesses or the judge finds that the testimony falls short of the State meeting their burden, then the defendant is entitled to an "ROR" bond or released on his/her own recognizance- meaning no surety or cash bond need be posted.

  4. Corey Ira Cohen

    Pro

    Contributor Level 16

    Answered . They can hold someone in jail for 33 days if charges have not been filed. You may need a lawyer to make sure that a 33 day motion is heard.

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