if someone is arrested how long does the county have to file charges

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if someone is arrested how long does the county have to file charges

Asked on April 29, 2009 under Criminal Law, Florida


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor


902.21  Commitment to jail in another county.--If a person is committed in a county where there is no jail, the committing trial court judge shall direct the sheriff to deliver the accused to a jail in another county.

History.--s. 7, ch. 6213, 1911; RS 2879; GS 3938; RGS 6039; CGL 8340; s. 20, ch. 70-339; s. 29, ch. 2004-11.

Note.--Former s. 932.39.


Then this section covers bail: http://www.leg.state.fl.us/STATUTES/index.cfm?App_mode=Display_Statute&URL=Ch0903/titl0903.htm&StatuteYear=2008&Title=%2D%3E2008%2D%3EChapter%20903


907.04  Disposition of defendant upon arrest.--

(1)  Except as provided in subsection (2), if a person who is arrested does not have a right to bail for the offense charged, he or she shall be delivered immediately into the custody of the sheriff of the county in which the indictment, information, or affidavit is filed. If the person who is arrested has a right to bail, he or she shall be released after giving bond on the amount specified in the warrant.

(2)  If the person who is arrested is, at the time of arrest, in the custody of the Department of Corrections under sentence of imprisonment, unless otherwise ordered by the court, such person shall remain in the department's custody pending disposition of the charge or until the person's underlying sentence of imprisonment expires, whichever occurs earlier. If the arrested state prisoner's presence is required in court for any reason, the provisions of s. 944.17(8) shall apply.

History.--s. 133a, ch. 19554, 1939; CGL 1940 Supp. 8663(139); s. 67, ch. 70-339; s. 1508, ch. 97-102; s. 1, ch. 2006-99


Then this gives you pre-trial detention and release: http://www.leg.state.fl.us/STATUTES/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0907/SEC041.HTM&Title=->2008->Ch0907->Section%20041#0907.041

907.055  Trial of persons in custody.--A defendant who is in custody when an indictment or information for a felony is filed shall be arraigned and tried during the term when the indictment or information is filed unless good cause is shown for a continuance.

History.--s. 159, ch. 19554, 1939; CGL 1940 Supp. 8663(166); s. 71, ch. 70-339.

Note.--Former s. 909.23.


907.045  Habeas corpus; motion to dismiss; preliminary hearing.--A defendant who is in custody when an indictment, information, or affidavit on which she or he can be tried is filed may apply for a writ of habeas corpus attacking the indictment, information, or affidavit, or the defendant may move to dismiss the indictment, information, or affidavit. A defendant who has been confined for 30 days after her or his arrest without a trial shall be allowed a preliminary hearing upon application.

History.--s. 140, ch. 19554, 1939; CGL 1940 Supp. 8663(147); s. 1, ch. 26767, 1951; s. 69, ch. 70-339; s. 1509, ch. 97-102.

Note.--Former s. 909.04.

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