What is the name of your state (only U.S. law)? Florida
Where in the Florida Rules of Criminal Procedure can I find the rules on the State filing charges in a felony case? I thought the state has to file charges within 21 days of arrest, but then I was told it is within 75 days of arrest since it is a felony case. Help me.
RULE 3.134. TIME FOR FILING FORMAL
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 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.
