Legal Question in Criminal Law in Florida

How long can police lock up individual without formal arrest or charged with a crime?


Asked on 2/14/18, 5:32 am

2 Answers from Attorneys

Craig Epifanio Craig Epifanio, P.A.

Depends on the charge.

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Answered on 2/14/18, 6:36 am


Eric Trabin The Trabin Law Firm

Florida Rules of Criminal Procedure 3.134 provides "Time for Filing Formal Charges."

The state shall file formal charges by the 30th day of arresting a person. If, however, charges are not filed by the 30th day, then the court shall order the defendant released on the 33rd day unless charges are filed. The state can extend this time period by up to 40 days if good cause can be show, but that's not always so simply. So the answer to your question is that the police can look an individual arrest without formal charge for usually up to 33 days, but potentially a max of 40.

Here's the rule:

Rule 3.134. Time for Filing Formal Charges

The state shall file formal charges on defendants in custody by information, or indictment, or in the case of alleged misdemeanors by whatever documents constitute a formal charge, within 30 days from the date on which the defendants are arrested or from the date of the service of capiases upon them. If the defendants remain uncharged, the court on the 30th day and with notice to the state shall:

(1) Order that the defendants automatically be released on their own recognizance on the 33rd day unless the state files formal charges by that date; or

(2) If good cause is shown by the state, order that the defendants automatically be released on their own recognizance on the 40th day unless the state files formal charges by that date.

In no event shall any defendants remain in custody beyond 40 days unless they have been formally charged with a crime.

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Answered on 2/14/18, 7:22 am

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