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  1. #1
    slingblade is offline Junior Member
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    Time limit for arraignment in Florida?

    Is there some time limit on how long you have to wait for arraignment in Florida? For instance, if you show up at arraignment and no charges have been filed, and you're told to come at a later date, how many times can they do this? Forever?

    If there is a time limit, does anyone know the statute? I've searched the FL statutes and can't find much of anything pertaining to arraignment except in the case of allegedly abused children (which is not the case here.)

    Thanks!
  2. #2
    FlyingRon is offline Senior Member
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    If prosecution hasn't commenced (charges filed) you have the limitations as specified in 775.15. Depends on the nature of the charge.
  3. #3
    BOR
    BOR is offline Senior Member
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    Quote Originally Posted by slingblade View Post
    Is there some time limit on how long you have to wait for arraignment in Florida? For instance, if you show up at arraignment and no charges have been filed, and you're told to come at a later date, how many times can they do this? Forever?
    No. The Due Process Clause of the 14th AM would limit it, they might get away with 2, after that, they are playing Constitutional games.

    If there is a time limit, does anyone know the statute? I've searched the FL statutes and can't find much of anything pertaining to arraignment except in the case of allegedly abused children (which is not the case here.)

    Thanks!
    FL Rules of Criminal Procedure:

    http://www.floridabar.org/TFB/TFBRes...df?OpenElement

    Pat attention to Arraignment/First Appearance and Probable Cause determination.

    Not only in FL, but all states, per the US SC, IF a person IS held in custody, an Arraignment/ and or Probable Cause hearing MUST take place within 48 hours.

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