Understand the Timelines and Legal Implications of a Florida Criminal Charge
When someone is arrested in Florida, they are often left wondering how long the state attorney has to file charges. Understanding these timelines is crucial because they play a significant role in how your case proceeds. In Florida, the state attorney’s office operates under a specific legal framework to file charges, and if they fail to act within a certain time frame, it can affect your case.
I will now explain the laws governing how long the state attorney has to file charges, how this impacts defendants, and what to expect if you're facing criminal charges in Florida.
The Legal Process After Arrest
After an arrest, the clock starts ticking on the timeline for filing formal charges. In Florida, the decision to file charges isn’t automatic; it requires a formal review of the facts and evidence. The police will typically forward their arrest report and evidence to the state attorney, who will then review everything to determine if there is enough to formally charge the individual with a crime.
Initial Appearance and Probable Cause
Once someone is arrested, they must be brought before a judge within 24 hours for an initial appearance. At this appearance, the judge will review the arrest to determine if there was probable cause for the arrest. Probable cause means that there are reasonable grounds to believe that a crime was committed, and the individual arrested committed that crime.
At this stage, the state attorney hasn’t yet filed formal charges. Instead, the court is reviewing whether the arrest itself was justified. If the judge finds probable cause, the defendant will either be released on bail or held in custody while the state attorney decides whether to file charges.
The Role of the State Attorney
The state attorney plays a central role in the criminal justice process in Florida. They are responsible for deciding whether to file formal charges, what charges to file, and when to file them. This decision can take some time, especially if the case is complex, involves additional investigation, or if forensic evidence is needed.
The state attorney isn’t required to file charges immediately after the arrest. However, they must adhere to strict deadlines under Florida law, and these deadlines depend on the type of crime alleged.
How Long Does the State Attorney Have to File Charges?
There are several factors that determine how long the state attorney has to file charges in a criminal case, including whether the crime is classified as a misdemeanor or felony.
Misdemeanor Charges
For misdemeanor offenses, the state attorney generally has 90 days to file charges after an arrest. This time limit is mandated by Florida law under the Speedy Trial Rule found in Florida Rule of Criminal Procedure 3.191. This rule ensures that defendants aren’t held indefinitely without formal charges.
If the state attorney fails to file charges within the 90-day window, the defendant can file a motion for discharge, which means they would be entitled to a dismissal of the charges.
Felony Charges
Felony charges are more serious and the state attorney has 175 days from the date of arrest to file formal charges. This time limit is also set by the Speedy Trial Rule, specifically Florida Rule of Criminal Procedure 3.191(a).
Similar to misdemeanor charges, if the state attorney fails to file charges within this time, the defendant can seek a dismissal. However, this is rare because the state attorney’s office closely monitors these deadlines.
Cases Involving Detained Defendants
If a defendant is being held in custody after their arrest, the timeline for filing charges is shorter. Florida law requires that the state attorney file formal charges within 30 days of the arrest if the defendant is in custody. This deadline comes from Florida Rule of Criminal Procedure 3.133(b).
If the state attorney hasn’t filed charges by the 30th day, the court is required to release the defendant on their own recognizance (O.R.). This means the defendant will be released without having to post bail, but they still must return for any future court dates.
In some cases, the state attorney may request a 10-day extension, meaning the absolute maximum time to file charges for a detained defendant is 40 days. If charges still aren’t filed within that extended period, the defendant must be released.
Statute of Limitations
In addition to the timelines for filing charges discussed above, Florida law also imposes statutes of limitations on most criminal offenses. The statute of limitations sets the maximum amount of time after an alleged crime during which charges can be filed. The statute of limitations varies depending on the type of crime:
- Misdemeanors: Generally, there is a 1-year statute of limitations for second-degree misdemeanors and a 2-year limit for first-degree misdemeanors under Florida Statute § 775.15.
- Felonies: The statute of limitations for most felonies ranges from 3 to 4 years, depending on the offense. However, more serious felonies like murder have no statute of limitations.
What Happens If Charges Aren’t Filed on Time?
If the state attorney fails to file charges within the applicable time frame, the defendant may be entitled to dismissal. Here’s a breakdown of what can happen in different scenarios:
- Misdemeanors: If 90 days pass without the filing of formal charges, a defendant can file a motion to dismiss the case. The court may grant the dismissal, effectively ending the prosecution.
- Felonies: If 175 days pass without charges, the defendant can similarly request a dismissal of the case.
- In Custody Defendants: If the state attorney hasn’t filed charges within 30 days and no 10-day extension is granted, the defendant must be released. If charges aren’t filed by day 40, the defendant may not be held in custody for that offense any longer.
It’s important to understand that these rules are designed to protect the rights of the accused. The Florida legal system places great importance on fairness and due process, ensuring that individuals are not left in legal limbo for an extended period of time.
The Impact of Delays in Filing Charges
While the time frames outlined above may seem generous to the state attorney, they can still present real challenges for defendants. Delays in filing charges can cause significant stress, uncertainty, and complications in a person’s life. Without formal charges, it’s difficult to begin crafting a defense strategy, and the uncertainty can make it harder to plan for the future.
Additionally, when the state attorney takes a long time to file charges, it can lead to delays in resolving the case. The longer the process drags on, the more difficult it can become to gather evidence, identify witnesses, and ensure that the case is handled effectively.
Can the State Attorney Change the Charges After Filing?
Yes, the state attorney can amend the charges after they are filed, depending on new evidence or further investigation. However, they must still adhere to the timelines discussed above. For example, if felony charges were filed within the 175-day window, the state attorney could later modify the charges as long as it occurs within the legal boundaries.
What Should You Do if You’re Waiting for Charges?
If you’ve been arrested and you’re waiting to hear whether charges will be filed, it’s critical to remain in contact with your attorney. Your defense attorney will be able to track the progress of your case, monitor deadlines, and take appropriate legal action if the state attorney fails to meet their obligations.
At Musca Law, we understand how stressful and confusing this process can be. We are here to help you every step of the way. Whether you’re dealing with a misdemeanor, felony, or you’re being held in custody, we can guide you through your legal options.
Florida Criminal Charge FAQs
How can I tell if the state attorney has filed charges in my case?
You can check if charges have been filed by contacting your defense attorney or the clerk of the court. They can provide updates on whether formal charges have been filed and when your next court date will be. Additionally, if you're being held in custody, the court will notify you of any changes to your case status.
What happens if I’m released before the state attorney files charges?
If you’ve been released from custody before the state attorney files charges, you are still required to attend any court hearings that may be scheduled. Keep in mind that even though you’re released, the state attorney can still file charges within the time limits set by Florida law.
Can the state attorney drop charges after they’ve been filed?
Yes, the state attorney has the discretion to drop charges at any point during the case. This can happen if there’s insufficient evidence or if new facts emerge that weaken the case against you. If this happens, your case may be dismissed, and you would no longer face prosecution for that offense.
What is the difference between the statute of limitations and the speedy trial rule?
The statute of limitations refers to the maximum amount of time the state has to file charges after the alleged crime occurred. The speedy trial rule, on the other hand, governs how long the state attorney has to file charges after an arrest. Both rules protect defendants from unreasonable delays in the legal process.
Can I be re-arrested if the state attorney doesn’t file charges on time?
If the state attorney fails to file charges within the applicable time frame and your case is dismissed, you cannot be re-arrested for that same offense unless new evidence surfaces. However, re-arrests in such situations are rare and would require substantial legal grounds.
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At Musca Law, P.A., we have a team of experienced criminal defense attorneys dedicated to defending people charged in Florida with a criminal or traffic offense. We serve all 67 counties in Florida and are available 24/7/365 at 1-888-484-5057 for your FREE consultation.