Legal Question in Criminal Law in Florida

How long can you be held in jail without being charged for a crime?

How long can you be held in the county jail and the State has not files charges against you? If my sister was arrested on December 13, 2007 and had a arraignment scheduled for 1/8/08 but it was cancelled and set to be rescheduled when the State file charges. What is the longest number of days or date can she be held in jail before they must release her, without them filing charges against her? Also if they don't file charges in the allotted time frame does the public defender's office have to do anything? She was arrested with 2 counts of theft (5,000 - 10,000), and the other person she was arreasted with was charges with the same thing but the amounts recorded was less.

Asked on 1/09/08, 4:37 pm

1 Answer from Attorneys

Brent Rose The Orsini & Rose Law Firm

Re: How long can you be held in jail without being charged for a crime?

Usually a person can be held for 21 days before the State must file a charging document. If the 21 days pass without the charging document, the person is usually entitled to a hearing to see if the time can be extended. If the hearing isn't held, the charges can still be filed, but the person is released on recognizance pending trial.

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Answered on 1/09/08, 10:38 pm

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