Legal Question in Criminal Law in Florida

How long?

My husband was arrested on Dec. 12, 2007 and taken to jail on battery charges but it is now March 21, 2008 and no charges have been pressed by the victim nor by the state. So I am wondering how long does the stated have to press charges?? Also how long can they hold him in jail if charges haven't been pressed against him?

Asked on 3/21/08, 1:54 pm

1 Answer from Attorneys

Richard Hornsby Richard E. Hornsby, P.A.

Re: How long?

The State has 90 days to file charges if the case is a misdemeanor, or 175 days to file charges if the charge is a felony.

However, if they have not filed charges within 33 days, your husbanc can be asked to be released on his own recognizance pending teh formal filing of charges.

You need to get an attorney. I am willing to bet they have filed harges, as I can't imagine him beingheld that long without charges being filed.

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Answered on 3/21/08, 2:07 pm

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