Florida Criminal Procedure

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

3.134. Time for Filing Formal Charges

criminal defense

Rule 3.134. Time for Filing Formal Charges 

   The state shall file formal charges on defendants in custody by information, or indictment, or in the case of alleged misdemeanors by whatever documents constitute a formal charge, within 30 days from the date on which the defendants are arrested or from the date of the service of capiases upon them. If the defendants remain uncharged, the court on the 30th day and with notice to the state shall:

(1) Order that the defendants automatically be released on their own recognizance on the 33rd day unless the state files formal charges by that date; or

(2) If good cause is shown by the state, order that the defendants automatically be released on their own recognizance on the 40th day unless the state files formal charges by that date.

In no event shall any defendants remain in custody beyond 40 days unless they have been formally charged with a crime.

12 thoughts on “3.134. Time for Filing Formal Charges

  1. My husband has been detained for 41 days as of today, July 9, 2017 and hasn’t been formally charged. What should he do?

  2. My son got arrested and is out on bond. He hasn’t heard anything from the court. In Florida. It has been 90 days since he got arrested. They are felony charges but not drugs or violent charges. How long do they have to prosecute ?

  3. My husband stayed in for 63 days without being formally charged. They public defender he had was aware of the situation but did not file a motion of release. He is still in jail. What do he do at this point. He has been in for a year. Is he still entitled to fight that right ?

    1. It would seem that it’s pointless at this time, as he’s been in jail for a year. He has been charged, I assume, and waived his right to a speedy trial. Try asking the judge for bond or a lower bond.

    1. If you have a lawyer, the lawyer must do it. If representing yourself (“pro se”), you can certainly do it. Courts do not accept pro se pleadings from represented defendants.

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