How Long Does a State Have to File Criminal Charges?

Question: How Long Does a State Have to File Criminal Charges?

That’s not a simple answer, but I’ll answer it this way: the Florida Rules of Criminal Procedure provide for a mechanism where the state should file within 30 days of your arrest. If they haven’t, then you can petition the court to have them either file or release you by the 33rd day. The rules also say, if by the 40th day and you’re still in custody, the state has not filed, then you have a right to be released no matter what the delay is.

Contact a Fort Myers Criminal Defense Attorney at the Law Office of Miguel Fernandez to answer all your questions in regards to your rights.