When Will the State File Charges?

By Lowry Law Firm | Posted on October 14, 2014

If the State has not filed formal charges before your first appearance, by creating a document called an Information (or Indictment if a capital offense or other matter the State attorney elects), Florida law requires the State to file charges within 30 days if the defendant remains in custody (being held on a bond or held no bond). The Court can allow the State an additional 3 days with good cause shown before the defendant must be released with a notice to appear. Fort Lauderdale Criminal Attorney Mark Lowry is a former prosecutor and experienced criminal defense attorney who can help you understand your charges and determine the best way to fight them. Contact the firm for a free consultation to discuss your case and ask questions today.

Remember, even if the State hasn’t charged you within 33 days and you’re released, the case is not dismissed. If you’re not in custody, the State has until the statute of limitations to file the charges (the time from when the alleged crime occurred to when the government may formally charge the suspect). The SOL on a misdemeanor is 2 years, for example. Typical charges in Broward County are brought within 2-6 weeks after citation or arrest.

If you or someone you love has been cited or arrested for anything, contact criminal attorney Mark Lowry immediately to help understand the criminal process and how to fight your charges. We offer affordable payment plans and 24 hour service 7 days a week.