Something is wrong here. Normally you can't be arrested unless you are charged with a crime. Anywhere from 48-72 hours after the arrest (not counting weekends and holidays) you have to be arraigned and told what the charges are. It makes no sense that your son has been in jail a month awaiting charges. Talk to an FL criminal lawyer.
I'm guessing your son's friend is not a lawyer? Once arrested, if you are in custody, the State will usually file charges within 21 days. If they don't file within 21 days, you have the right to a "preliminary hearing." If you are still in custody after 33 days, you can file a Motion for Mandatory Release. However, neither of these proceedings effect the State's ability to charge your son.
Your son has a right to a speedy trial on a misdemeanor case within 90 days. If he was arrested for a felony, his speedy trial right is 175 days.
I would need to know what he was arrested for? Misdemeanor or Felony? Is he still in custody or did he bond out?
If you have any specific questions as it relates to your son's case, please contact my law firm. We handle all criminal matters throughout the Tampa Bay area.
Aaron J .Slavin, Esq.
SLAVIN LAW FIRM
This is not correct. The 21 days is for those in custody and if they have not been charged they are entitled to a preliminary hearing. The State has 33 days to file charges or else your son will be released. If your son is out of custody the time limit to file charges is 90 days on a misdemeanor and 175 on a felony. There are always exceptions to these rules.
Please contact me if you have any further questions.