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Evidence
Florida Evidence Code
Federal Rules of Evidence
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Small Claims
About
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Florida Evidence Code
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RULE 3.134. TIME FOR FILING FORMAL CHARGES

  • For defendants in custody, the State has 30 days from the arrest date to file formal charges.
  • If no charges are filed by day 30, the court must order the defendant released on their own recognizance (ROR) effective on the 33rd day.
  • The State can show "good cause" for an extension, but the defendant must still be released on ROR by the 40th day if no charges are filed.
  • In no event shall any defendant remain in custody beyond 40 days unless formal charges have been filed.

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 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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