My husband was aressted the end of July and was released on bond the following day. It is now September and when I look online, he has no new court date, it states "defendant will be notified when the state files any information" and where it states charges it just says "pending". My question is, how long does the state have to bring these charges against him? Is this normal? Could this possibly be a good thing? What if anything can we do to find out what the hold up is?
This is very normal.the state has several years to actually file charges. The exact number of years depends on the exact charge. Typically the state doesn't take more than 30 days. It it can take longer if needed. Hire a lawyer. There are many things that come Into play as the case drags on. There are speedy trial issues among others.
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.
If incarcerated the rules require that an information must be filed within 40 days. There is no specific time period for filing an information for those released on bond. There is the speedy trial rule which basically provides that the state must bring misdemeanors to trial in 90 days and felonies in 175 days. from the date of arrest. Be advised that there are many things to consider before demanding a speedy trial and you should consult wiyh an attorney before doing so. Otherwise, the state has until the expiration of the statute of limitations for the particular crime your husband was arrested for.
The time to bring him to trial is about 6 months after the arrest. If they have not even filed charges by then he should move for dismissal. We have no idea what the facts or charges are. At least consult with an attorney in your area.
R. Jason de Groot, Esq., 386-337-8239
The State Attorney's Office conducts investigations prior to the decision to file formal charges. This typically includes interviewing witnesses, speaking with police, and conducting legal research to determine whether they can, in good faith, file an Information or formal charging document. Depending on the complexity of the case this process could take days, weeks, or even months. In the majority of cases the State usually makes a decision on or around the arraignment date. In Florida a person has a right to be brought to trial within 175 days after arrest. If 175 days elapse an attorney may file a notice of expiration of speedy trial. The State is then given a "recapture" period. If this recapture period expires an attorney may file a motion for discharge which would prevent the State from prosecuting the offense at a later date. An attorney can speak with the assigned state attorney to find out where they are in the process. In addition an attorney may also provide a memorandum of law to the state attorney in an attempt to convince them not to file charges. It is always in your best interest to have someone advocating for you as early in the process as possible. Best of luck!
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