At The Law Office of Timothy Hessinger, we are uniquely qualified to assess the strengths and weaknesses of the State… For misdemeanor charges, the state has 90 days.
How Long Does the State Have to File Charges in Florida? For felony charges, the state has 175 days to file charges. Filing Of Criminal Charges. John S. Riordan, Esq., RIORDAN & HERMAN, PL., West Palm Beach, FL, (561) 650-8291. It is important to cooperate with this office to ensure that all the information about the crime is provided. On a case where the individual was arrested, the State must, at a very minimum, file charges within speedy trial time. Mr. The answer is, it depends. In Florida that means 90 days for a misdemeanor and 175 days for a Felony. If its a felony charge, the state has 175 days to file charges (technically, they have 175 to file the official charging document known as an “Information”). Time for Filing Formal Charges. Usually they decide much more quickly. Depending on the exact charge, usually between 3 to 5 years for the state to prosecute and file 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 charges are a misdemeanor, the state has 90 days to file. Also, if you are arrested and no charges are filed in 30 days your bond is discharged and are released O.R. In non-arrest cases, the State must file only within the Statute of Limitations which depends on what level of felony or misdemeanor you were charged with. When the State Attorney’s Office receives a formal complaint from a law enforcement agency, an assistant state attorney, assigned to the case, will review the reports and may interview witnesses.