Legal Question in Criminal Law in Florida

How long can u be held wtihout being indicted?

A friend of mine has been charged with premeditated homicide. He was suppose to be formerly indicted with those charges today. They did not indict him today. So my question is: How long can he held in jail before they have to let him go?


Asked on 1/26/05, 2:25 pm

2 Answers from Attorneys

Richard Hornsby Richard E. Hornsby, P.A.

Re: How long can u be held wtihout being indicted?

The State of Florida has 175 days from the date of your friend's initial arrest to formally charge (indict) him. There is no cause for dismissal until teh full 175 days has elapsed.

Richard

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Answered on 1/26/05, 2:52 pm
Valerie Masters Valerie Masters, P.A.

Re: How long can u be held wtihout being indicted?

Vocabulary is important to answer this question properly. A person can be held in jail for 30 days while the State decides whether to file. In most jurisdictions is called "filing an information". After 30 days the defendant has to be released from jail, but they can still file during the statute of limitations. Indictment is the same thing, just a different process. I read Mr. Hornsby's answer. AFTER an arrest based on a filed information or an indictment from a grand jury the State has 175 days to bring him to trial which is the "speedy trial rule". I think the answer to your question is 30 days. What concerns me is: with such a serious charge why is his attorney not answering these questions? This case is far to serious to discuss on the internet with attorneys you dont even know. Please call to make an appointment or so I can refer you to a reputable atty in your area. Cell: 561-317-2910

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Answered on 1/26/05, 3:47 pm


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