Florida Criminal Procedure

Rules, Statutes, and Cases on Florida Criminal Procedure by Joe Bodiford, J.D., LL.M.

3.115. Duties of State Attorney; Criminal Intake

criminal defense

Rule 3.115. Duties of State Attorney; Criminal Intake 

The state attorney shall provide the personnel or procedure for criminal intake in the judicial system. All sworn complaints charging the commission of a criminal offense shall be filed in the office of the clerk of the circuit court and delivered to the state attorney for further proceedings.

3 thoughts on “3.115. Duties of State Attorney; Criminal Intake

  1. My son was arrested for smuggle Contraband into a state prison controlled substance while he was incarcerated and it reopened his vop but the state hasn’t formally charged him. It’s been 60 days since he was arrested for the contraband . His lawyers filed a motion to release uncharged defendant and a court date was set to hear the motion. Is this right? I thought they couldn’t hold him if they hadn’t charged him. Also his arrest affidavit reads: affiant saw x hand s something s put in his pocket and I waited for s to come off the deck=basket ball court in pod (10 min and s is my son) and asked s what was in his pocket. Then I reached into his pocket and pulled out a jolly rancher wrapper. I unwrapped the wrapper to find a napkin with a green leafy substance in it the size of a pencil eraser. I believed it to be marijuana. I called my captain and he tested it and sent the inmates to confinement.
    Later they put x back in trustee pod and didn’t arrest him for giving it to my son. However they arrested my son and violated his probation.

      1. The attorney is correct to file a motion where it has been that long and there is no new charge. Be sure to stay in close contact with the lawyers, and work with them!

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