My boyfriend & I got into an altercation, January 26, 2018. We were both arrsted & charged with domestic violence. After going to magistrate court the next day, we were placed on pretrial release (ankle monitors) followed by a no-contact order. Today is February 19th, 2018 & our case is still pending. What will happen by February 26th?
I am going to flag this question in criminal law for you.
This answer is for general informational purposes only and should not be relied upon for your particular case nor is it intended as legal advice. I have not reviewed your case nor have I met with you and the answer to this question does not in any manner whatsoever establish an attorney/client relationship.
If you were taken into custody (you were in jail, not prison) on a felony then the state has 175 days from the date of booking to bring you trial, and in the case of a misdemeanor they have 90 days. Either way the State enjoys a 15 day "window of recapture" after that. If they have failed to impanel a jury by either the 106th (misdemeanor) or the 191st (felony) day then you are entitled to seek discharge with prejudice. That said the State can also "no action" (dismiss) the case and then they enjoy the statute of limitations time period within which to refile.
In Florida the Statute of Limitations governs how long the State has to bring a charge based upon the degree of the crime. Florida Statute 775.15 says that a prosecution for a life felony has no SOL and can be commenced at any time, for a 1st degree felony the SOL is 4 years, for any other felony (2nd or 3rd degree) the SOL is 3 years, for a 1st degree misdemeanor its 2 years and for a 2nd degree misdemeanor the SOL is 1 year. However, there are many exceptions and some cases (such as sex crimes and fraud charges are entirely case specific matters where the SOL is concerned).
F.S. 775.15 - FL Statute of Limitations: http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0775/Sections/0775.15.html )
You may wish to take a look at my AVVO Legal Guide on speedy trial and statute of limitations issues in Florida as it contains a great deal of information which may be easier for you to understand than the statute itself and they may be helpful to you.
Please see: Michael A. Haber, Esq.'s AVVO Legal Guide on Speedy Trial and the Statute of Limitations in Florida Courts: / http://www.avvo.com/legal-guides/ugc/speedy-trial-and-the-statute-of-limitations-in-florida-courts
Wishing you luck and hoping that I have been helpful in answering your question.
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The 30 day period you are referring to is likely in regards to the 30 day period with a 10 day possible extension in which you have to be charged or released from jail with no bond. Since you bonded out, you are not entitled to release. Mr. Huber is correct in his explanation in regard to speedy trial.nGood luck!
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