Legal Question in Criminal Law in Florida

Is there a statute of limitation on the amount of time between bailing out of jail and being issued a hearing date on a misdemeanor in FL. A friend of mine was arrested in June and bailed out. He received a hearing date in March. The offense is a misdemeanor and a violation of probation.


Asked on 4/16/14, 7:35 am

1 Answer from Attorneys

Eric Trabin Lucid Legal, PLLC

On a new law offense for a misdemeanor, the State has the obligation to file charges within 90 days from the date of the arrest. The 90 days is the speedy trial period and if the State files the official charges (called an "Information") after the 90 days then the case must be dismissed. Of course, there is no speedy trial requirement when it comes to a violation of probation. The only time restriction on a VOP is that it must be filed while the person is still on probation.

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Answered on 4/16/14, 7:38 am


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