How long does the state of florida have to file felony charges while incarcerated?

Asked 10 months ago - Orlando, FL

my husband is in jail for paraphernalia, position with intent within a 1000 ft of a business, and tampering with evidence there was 4 people around and someone threw a bag of weed filled with small bags of weed and the cop said he saw my husband throw it but my husband did not throw it.

Attorney answers (4)

  1. Michael Adam Haber

    Pro

    Contributor Level 20

    5

    Lawyers agree

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    Answered . The State has 175 days from the date of arrest to file charges. Your husband can be held pending Arraignment up to 40 days before he must be ROR'd (released on his own recognizance without a bond).

    I will reserve comment as to the facts that you proffered as they have nothing to do with your question and are better addressed by a lawyer who may be representing your husband (which will not be me). You should consider using the locator on Avvo to find an experienced 407 area criminal defense lawyer.

    Good luck.

    First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq.... more
  2. LeRoy E Costner

    Pro

    Contributor Level 11

    3

    Lawyers agree

    Answered . From the date of arrest, the State has 30 days to file charges. Once that time passes, a person who is in jail can ask to be released. With a showing of good cause, the State can have a few more days to file charges. If they do not, the the person will be released from jail.

    If that happens, it doesn't mean that the case has gone away, it just means the State has not filed charges. The State has 175 days from the date of arrest to bring someone to trial in a felony case.

    Your husband needs to have an attorney ready to file the proper motions for ROR if the 30 days pass. Hire a lawyer ASAP and let them start working for you. There is much that the attorney could be doing during this time to help resolve the case. Don't just sit back and wait for the State. You need someone who will get ahead of the State.

    Most attorneys have free consoltations. Call around. Hire so e quick.

  3. Jason Michael Reid

    Contributor Level 13

    1

    Lawyer agrees

    Answered . If the State does not file charges within 30 days, and your husband is still in jail. A 33 day motion should be filed and heard on the 33rd day. The State can file charges at the hearing, request an extension up to 40 days in which to file charge if the State can show good cause, or allow your husband to be released on his own recognizance.
    Another issue is how long they have to file the charges in order to go forward with the case. That is 175 days from the date of your husband's arrest. If the State files after that time, a motion to discharge should be granted.

  4. Mark H Randall

    Pro

    Contributor Level 15

    1

    Lawyer agrees

    Answered . I would agree with Mr. Haber's answer!

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