Monday, 23 February 2015

when someone is arrested, is there a time limit in which they can be arraigned on the charges in the State of Florida.

Question

when someone is arrested, is there a time limit in which they can be arraigned on the charges in the State of Florida.



Answer

There's nothing that governs the timing of an Arraignment per se, but you do have the right to a speedy trial. In the case of a misdemeanor, the State must bring the case to trial within ninety (90) days from the date of the arrest and for a felony, they have one hundred seventy five (175) days from the date of the arrest. In the event this period of time lapses between the arrest date and the filing of an Information or Indictment, the accused may filed a Notice of Discharge, directing the court to dismiss the case. For more information, please see my website at www.CarstenandLadan.com or simply all my office and I'd be glad to be of assistance.



Answer

Once arrested they are bound by the speedy trial rules, which is 90 days for a misdemeanor and 175 days for a felony. If no formal charges are filed within that time period then it is possible to get it completely dismissed. I practice in your area if you wish to give me a call.



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