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How long does the state attorney have to charge a person after they are booked? If legal time has lapsed can state still charge?

New Port Richey, FL |

arrested 42 days ago, still no charges have been pressed. state attorney trying to trap arestee into a plea deal. need to know if this is even legal

Attorney Answers 5


  1. Yes, and they have years to charge you depending on the charge if you have not been arrested. If you have actually been arrested the speedy trial clock starts ticking and you must be brought to trial within approximately 180 days.

    John S. Riordan, Esq., RIORDAN & HERMAN, PL., West Palm Beach, FL, (561) 650-8291. Mr. Riordan is a former Palm Beach County Prosecutor and an experienced criminal defense lawyer handling cases in both State and Federal Courts throughout Florida. The answer provided is for educational purposes only. It does not constitute legal advice or create an attorney-client relationship. You should consult an attorney for legal advice regarding the facts of your specific case and designed to help you with your personal needs.


  2. In Florida the State can file a misdemeanor charge withing 90 days of the arrest or withing 175 days of a felonty arrest, if speedy trial has not been waived. Not sure what you mean with regards to your statement that the "state Attorney is trying to trap arrestee." There is typically no communication between the prosecutor and the arrestee between the arrest and filing of the charge, unless the prosecutor is communicating with the arrestee's attorney. If you dont already have an attorney i would recommend hiring one right away as an attorney can negotiate on your behalf and try to convince the prosecutor not to file the charge. I would be happy to discuss the facts of your case further if you give me a call at the office tomorrow.


  3. 90 days for a misdemeanor, 175 days for a felony. If after 33 days a person has not been formally charged with a crime, they can seek release on their own recognizance. As for your theory that the State Attorney is trying to trap the arrestee into a plea deal, that is simply crazy talk. Reality is your friend is sitting in jail because his friends or family have neither hired him an attorney or posted the bond that is set.


  4. 90 days for a misdemeanor and 175 days for a felony. If he really has been in jail for 42 days without being charged then he needs to file a motion for release of uncharged defendant immediatley. Feel free to contact my office for a free consultation. Colleen M. Glenn 941-746-8800

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