Sexual predator/offender

Asked over 6 years ago - Orlando, FL

If someone was charged but not convicted of being a sexual predator/offender, is it true that the court has a 30 days to present the evidence to the court so it may be used in trial if not then the court has the dismiss the case in florida?

Attorney answers (6)

  1. Don Waggoner

    Contributor Level 17

    3

    Lawyers agree

    2

    Answered . I think there are a couple of incorrect statements here.
    1. If you are arrested for a crime, but not charged by information or indictment within 30 days, and you are still in jail, the clerk/court is supposed to notify the judge, who notifies the state they have 3 more days to file the charges, unless they can come up with a good reason to ask for more time. At the end of the 33rd day, if charges still are not filed, then you are supposed to be released on your own recognizance. Your attorney usually has to file a motion to make this happen, even though the rule says it's supposed to be done automatically. The state can get an extension to 40 days, but if not filed by then, release is supposeed to happen. Again, your attorney has to file a motion.

    2. Unless the sex crime (or any crime for that matter) is a misdemeanor, the state has 175 days to file charges and get you to trial after an arrest, not 90 days. If they do not, your attorney must file a motion noticing the state that speedy trial has run. Once that motion is filed, the state then has 15 more days to try you. If they don't get it done then, they are done. The charges should be dropped by the court. Misdemeanors have 90 days and traffic tickets have 180 days.

  2. C. Darold Goodwin

    Contributor Level 7

    3

    Lawyers agree

    Answered . There are a number of time limitations that become active when a person is arrested. The first is Florida rule of Criminal Procedure 3.191 - Speedy Trial. When a person is taken into custody, the state has 90 days to bring that person to trial. If they fail to do so, and the delay is not attributable to the Defendant, then upon motion of the defense, the court should dismiss the case. Very often, if a person is arrested on a charge and the prosecution cannot put their case together in time, they will drop the case on their own. They can still re-file and begin prosecuting at a later date, but then they are still bound by the Statute of Limitations. The Statute of Limitations varies depending on the level of offense and can be as short as a couple of years for Misdemeanors to no limit for Capital crimes. Sex crimes are complicated in that if the victim is under the age of 18, and reported the Offense with 72 hours of commission, then there is no Statute of limitations. If the Victim did not report or disclose, the statute of limitations is tolled until the victim reaches the age of 18. If the Victim reports after 72 hours, but before they turn 18, then the regular Statute of Limitations applies.
    As to your specific situation, there is nothing that I can think of that automatically requires the Court to dismiss the case after 30 days without discovery. There would certainly be suppression motions due that could seriously hurt the prosecution. If you are incarcerated and no charges have been filed then you may be entitled to be released without bail.

  3. Thomas H. McGowan

    Contributor Level 9

    3

    Lawyers agree

    Answered . The previous answer is correct, however I am puzzled by your question. You say you were charged but "not convicted." Was there a trial? Did you plead out? Did the State drop the charges? These issues may have an effect on the answer

  4. Nicholas Martino

    Contributor Level 9

    2

    Lawyers agree

    Answered . Discovery is time limited, but that rule is hardly ever enforced because nearly any reason for delay would be considered by the court to be valid. As for other deadlines that would dismiss a case, there are some, but typically they contain exceptions to allow for extensions for cause. The description you give is a little puzzling, more details may help to get some better answers to your specific situation.

  5. William Frederick Ebsary Jr.

    Contributor Level 6

    2

    Lawyers agree

    Answered . Please clarify your question.

    Is this prior charge to be used to enhance a new charge?

    Is this prior charge to be used to establish a new charge of failure to register?

    Casey Ebsary, Board Certified Criminal Trial Lawyer

  6. Robert Bailey Branson

    Contributor Level 10

    Answered . No, it is not true. (Boy, that was easy!) Please read the prior answers, as this is far too serious an issue to even ask that question without legal counsel. Call an attorney or set up an appointment with your PD. My only hung jury was a sexbatt and the State of Florida retried the case. My guy is out, but he's not a happy camper. Note also that civil commitment is available AFTER a criminal sentence is completed. These are very life changing allegations.

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