I was arrested for selling a gram of weed to an Undercover deputy outside of a gas station near my home on November,8,2018.I bonded out the same night and now it has been 3 months since the arrest.I wanna know why I haven’t had a court date yet?
I could not tell you exactly why without reviewing your specific case. However, typically the first court date you would have is your arraignment. On a felony in Orange County, you normally don’t get an arraignment date until charges are filed, so I would presume the State has not yet filed charges if you don’t have an arraignment date. Because it sounds like you were arrested, they have 90 days to file misdemeanor charges and 175 to file felony charges (sale of any amount of any drug is a felony in Florida).
There could be a couple reasons. The case could have been dropped, the case could have fallen off the docket (actually happens a decent amount of time), or a charging decision has still not been made. Either way, as a misdemeanor, the state was required to bring you to trial within 90 days of arrest or the case has to be dropped in violation of your right to speedy trial under Florida law. Most of the time, the state attorney's office gets so overwhelmed they miss the deadline to file an information before speedy runs out and its up to the defense attorney to file the motion to dismiss as soon as that time runs out. It seems as if you have approached, or about to approach the 90 day deadline.
If it’s a felony then the state has 175 days to file charges. Speak to your lawyer about what is going on with the case.
Agreeing with my colleagues, and offering an additional reason charges may not have yet been filed. Sometimes the seized contraband is sent to the FDLE lab for analysis prior to a charging decision being made. You may ask your bondsman to check for a court date or go to myorangeclerk.com and look up your name to see the status. Do NOT call anyone other than defense counsel to discuss your case. If the state is about to miss the speedy deadline, you do not want to draw anyone's attention to that.
Waiting is the hardest part but you are nearing the end. If the case is not charged, you may be eligible to expunge your arrest record. If you would like to discuss the appropriate motions and options available to you, most of us, including myself, offer a no-cost office consultation. Good luck to you.
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