on a felony drug charge
Depending on the exact charge, usually between 3 to 5 years for the state to prosecute and file charges. Usually they decide much more quickly. Also, if you are arrested and no charges are filed in 30 days your bond is discharged and are released O.R.
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.
The statute of limitations on a 1st degree felony is 4 years, other felonies are 3 years.
R. Jason de Groot, Esq., 386-337-8239
I you were arrested the charge must be filed within 175 days or the case could be discharged for violating Speedy Trial
The answer is dependent upon whether a person has been arrested. If an arrest has occurred, referred below to *Florida Rule of Criminal Procedure 3.134. If no arrest, refer to the outline below of **Florida's Statute of Limitations.
*Rule 3.134 says: The state shall file formal charges on defendants in custody by information, or indictment, or in the case of alleged misdemeanors by whatever documents constitute a formal charge, within 30 days from the date on which defendants are arrested or from the date of the service of capiases upon them. If the defendants remain uncharged, the court on the 30th day and with notice to the state shall:
(1) Order that the defendants automatically be released on their own recognizance on the 33rd day unless the state files formal charges by that date; or
(2) If good cause is shown by the state, order that the defendants automatically be released on their own recognizance on the 40th day unless the state files formal charges by that date.
In no event shall any defendants remain in custody beyond 40 days unless they have been formally charged with a crime.
**Florida's Statute of Limitations sets the maximum time period in which the state may commence criminal prosecution. If the prosecution does not begin within these time periods, the charge is subject to dismissal. The time period for a first degree felony is 4 years; second and third degree felonies are limited to 3 years; first degree misdemeanor to 2 years; and second degree misdemeanors to 1 year. There are no restrictions on capital offenses, life felonies or violation of probation charges. Also, there is a 5-year limitation on all thefts and abuse, neglect or exploitation of the elderly or disabled.
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