what happens if the florida state attorney does not file charges?

Occasionally charges will be filed directly by the State Attorney without the direct involvement of a police officer. The result will be a mailed Notice to Appear. If you get one, and do not appear at the designated date, the court will most likely issue an arrest warrant for you.

Full Answer

What happens if the prosecutor does not file charges?

Nov 20, 2014 · The Florida legislature should repeal discretionary prosecutorial direct file and revise mandatory direct file to include only the most serious offenses, such as murder. At the very least, however, the Florida legislature should pass a reverse waiver provision.

When does the state file formal charges in a criminal case?

The Florida Statute of Limitations explicitly states that the running of the period starts on the day after the offense is committed. For example, if a non-capital felony of the first degree was committed on May 31, 2021, the four-year period allowed by law for the filing of criminal charges will only start to run on June 1, 2021 and will ...

Does Florida have a direct file law?

of the State of Florida gives the State Attorney this type of discretion and they can subpoena these witnesses to come to court even if they should indicate that they do not want to. Nevertheless, the prosecutor must file formal charges within 180 days of your arrest.

How long do prosecutors have to file charges against a defendant?

May 27, 2018 · The Information will list the exact charge they will be prosecuting. The charges that are listed may be more or less serious than what is shown in the original arrest report. On occasion, the charges could take months to appear. If the prosecutor declines to file formal charges, an information will not be filed and the case is considered abandoned. Discovery

How long does the state attorney have to file charges in Florida?

How long does the state of Florida have to charge you?

What does no information filed mean in Florida?

How long can a felony charge be pending in Florida?

What is the statute of limitations for negligence in Florida?

How long does it take to get a court date for a felony in Florida?

What is null process?

Can a felony be reduced to a misdemeanor in Florida?

What are the statute of limitations in Florida?

How long can a misdemeanor case stay open in Florida?

What is the statute of limitations for most felonies?

How long do court cases stay open?

What is the statute of limitations in Florida?

Under Florida’s Statute of Limitations, the length of time as to when the state is allowed to file charges, or the prescriptive period, will depend on the nature of the crime involved. In general, there are two categories of crimes under the Statute of Limitations. These are:

What is the prescriptive period for a defense attorney in Florida?

Protecting the rights of persons who have been arrested or are facing criminal charges is the primordial duty of defense attorneys. One of these rights conferred is the prescriptive period provided under the Statute of Limitations. Defense attorneys in Florida would be in the best position to defend their clients if they are well-versed with the provisions of the Florida Statute of Limitations. They can use this statute to have a criminal case dismissed on the ground that the right to file charges by the State has already prescribed.

What to do if you are facing criminal charges in Florida?

If you are facing criminal charges, the sequence of events follow s a similar pattern in every Florida county. It is always a good idea to educate yourself of the process so you can make intelligent decisions about your own situation. Always be sure to look up the court public records to track your case, and closely follow the advice ...

What is the process of filing a formal charge?

If the prosecutor feels there is sufficient evidence to win, they will file formal charges, also called an “Information.” The Information will list the exact charge they will be prosecuting. The charges that are listed may be more or less serious than what is shown in the original arrest report. On occasion, the charges could take months to appear. If the prosecutor declines to file formal charges, an information will not be filed and the case is considered abandoned.

Why do judges want to deal during pretrial hearings?

Most judges encourage deals during pretrial hearings because their calendar is overloaded. If you can get a favorable deal, your case could be finalized at the pretrial.

What is a deposition in a court case?

In a deposition, your attorney can find out exactly how someone intends to answer at trial, without a judge or jury hearing the results. Those answers can be challenged, expanded upon, and tested for weaknesses.

What evidence does an attorney need to give the prosecutor?

Your attorney also must give the prosecutor available evidence. That includes police reports, witness statements, and documents. In a criminal court, there are no surprises – each side always knows what evidence the other side has.

How do criminal cases start?

A criminal case can begin in several different ways. The most common ways are an arrest by a police officer or a Notice to Appear. An arrest may occur if a police officer witnesses a crime or an investigation produces a probable cause that you have committed a crime.

Do you have to testify at a trial?

During the trial, your attorney and the prosecutor will present a sequence of witnesses, documents, and physical evidence. You will not have to testify unless you choose to – that is your constitutional right. You will normally know the verdict soon after the trial ends.

When can a defendant be released on their own recognizance?

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.

How long can a person stay in custody?

In no event shall any defendants remain in custody beyond 40 days unless they have been formally charged with a crime.

How many statutes in Florida allow for attorney fees?

There are more than 200 Florida statutes that allow for an award of attorney’s fees in certain legal actions. In most instances, such a fee would be set by a judge.

How much can a lawyer charge for a lawsuit?

If all of the defendants admit liability when they file their answers and only want a trial on the question of damages, the lawyer may charge up to 33 1/3 percent of any recovery up to $1 million, 20 percent of any recovery between $1 and $2 million, and 15 percent of any recovery over $2 million.

How to calculate hourly fee for a lawyer?

The lawyer’s fee is computed by multiplying the fixed hourly charge by the number of hours the lawyer spends working for the client. The final fee may still include other direct out-of-pocket expenses, such as court filing costs, photocopying charges, long-distance telephone charges, travel costs or other expenses directly related to a particular case.

What is a trust account for a lawyer?

Your lawyer will deposit advances on fees and costs into a special bank account called a trust account. A trust account is a separate account that a lawyer maintains specifically for clients’ funds. A record of the costs in your case will be kept by your lawyer and is available to you for examination.

Why should you have an early agreement with a lawyer?

An early agreement concerning fees will prevent surprises and misunderstandings for both the client and the lawyer. You should be prepared to decide how much money you can afford to invest in the resolution of the problem. The lawyer/client relationship involves a mutual commitment.

How much can an attorney keep as a contingency fee?

How much the attorney will be able to keep as a contingency fee (remember, this does not include costs) will depend on what stage of the case you are in and how much is recovered.

What is the job of a lawyer?

A lawyer’s services normally involve research, investigation and case preparation. Most of the work is done after the client leaves the lawyer’s office and can be very time-consuming. As a result, the client is often unaware of the amount of time a given legal matter will actually take.

What is the decision to file a charge?

The decision to file a charge is always the decision of the local city, county or state prosecuting attorney and every one of these offices makes charging decisions based on case volume, degree of risk, the seriousness of charges, proof problems, and budgets and staffing issues among other things. The fact that a particular case did not get filed quickly does not mean that someone will not be charged with a crime, though this is possible. It is also equally possible that the prosecuting attorney did not see your case as a priority and is getting to it.

How long can you file a criminal charge in Washington?

Almost every kind of criminal charge in Washington has a limited time in which charges can be filed. This concept is called the Statute of Limitations and there are only 6 serious crimes that do not have such a time limit (murder being one of them which is why you hear of charges being filed 30 years later). The statute of limitations varies from 1 year for misdemeanors, 2 years for gross misdemeanors or longer depending on the type of felony alleged. If you know the particular crime you may be charged with, you can look this up in this statute. So, technically, prosecutors have until the end of this time period to file; however, there are motions that can be filed to dismiss charges if the delay was unfair and prejudicial to the defendant. Also read the statute carefully, this period of time does “not run during any time when the person charged is not usually and publicly resident within this state”.

How long does it take to file a criminal case?

Technically, yes, this is the answer most criminal defense lawyers | attorneys will give you; however, in practice, we see lower level crimes being filed within 2-6 weeks with a few going at as far as 3 months and even out to 12 months plus, in a couple of unique circumstances (sometimes prosecuting attorney offices hold off on filing charges on a large number of cases because they are waiting on the outcome of a pending appeal). With serious felonies, it really depends on the facts and a consultation is necessary. We have seen charges happen within a month, or we have seen charging decisions linger as long as 1-2 years depending on the evidence and scope of the investigation. As part of our representation and investigation of cases, we touch base with the investigating detective to get an idea of how long they expect to take to finish their reports and/or process the evidence. This often gives us an idea of when the file will make it to a senior prosecuting attorney’s desk for a charging decision. Officers take vacations, sick leave happens; but, based on experience, we get a a rough idea of what is going on.

Why do people not go to jail after 72 hours?

People avoid arrest, speak with an officer and are not arrested, or are arrested and taken to jail but then released after 72 hours because no criminal charges were filed. Many hope that no charges filed means they might be off the hook.

How long is the statute of limitations for a misdemeanor?

The statute of limitations varies from 1 year for misdemeanors, 2 years for gross misdemeanors or longer depending on the type of felony alleged. If you know the particular crime you may be charged with, you can look this up in this statute.

What is the charge based on?

There are things you can do in the investigation stage of a case to help, but a charging decision is based on (1) the facts the prosecutor has (2) is there any immediate need to file and (3) the statute of limitations of the crime.

Does not filing a case mean someone will not be charged?

The fact that a particular case did not get filed quickly does not mean that someone will not be charged with a crime, though this is possible. It is also equally possible that the prosecuting attorney did not see your case as a priority and is getting to it.

Who decides whether to charge someone with a crime?

From there, the prosecutor or district attorney will decide whether to charge anyone with a crime. What the victim thinks is the appropriate punishment for the alleged perpetrator does factor into the prosecutor’s decision – especially given the recently passed Marsy’s Law.

Why is Florida vs John Doe important?

The government is able to pursue whatever cases it wishes because our justice system views crime as something that is a wrong against society (or the “State” or the “Government” in federal cases), no matter who is actually harmed.

Why do police investigate criminal cases?

It is the government that is seeking justice in every criminal case, which is why the police do the investigating and the prosecuting attorney trying the case is paid for by the State or Federal government. If the public or a victim is happy that justice is served, the government simply considers that an added bonus.

Can a victim be forced to testify in court?

In fact, the victim may even be forced to appear in court and testify even though he or she does not want to press charges. In Florida, if a victim ignores their witness subpoena to testify at trial the government can request the Court issue a “material witness warrant.” This results in the police going out to find and arrest a “victim” that does not want to press charges in order to force the victim to testify in court. This isn’t common practice and usually only happens in the most serious of cases, but it does happen.

When can a motion to dismiss be filed in Florida?

When Can a Motion to Dismiss be Filed? Under rule 3.190 (c), Florida Rules of Criminal Procedure, a Motion to Dismiss must be filed before or at a defendant’s arraignment, unless the court, in its discretion, grants additional time .

What are the requirements for a motion to dismiss in Florida?

The basic procedural requirements for a Motion to Dismiss are contained in Rule 3.190 (a) and 3.190 (c), Florida Rules of Criminal Procedure. In addition to caption requirements, the motion must: (1) be in writing; (2) be signed by the party or party attorney making the motion; (3) state the grounds on which it is based; (4) be served on the adverse party; and (5) be alleged specifically and be sworn to by the defendant.

What is a C4 motion in Florida?

In this type of “C4” motion, the defendant alleges that the State and defense agree on the essential facts involved in a case and, even if those facts are taken as true, they do not amount to a criminal offense. The court can therefore intervene to make a legal ruling on the issue without weighing evidence or determining factual matters.

What happens if a traverse is filed?

The filing of a legally sufficient traverse by the State will result in an automatic denial of a motion to dismiss. State v. Elliot, 941 So. 2d 567 (Fla. 1st DCA 2006). In that instance, a hearing on the matter, if held at all, will be limited to an examination of the legal sufficiency of the traverse. For this reason, a Motion to Dismiss should be carefully considered and filed only in those cases where the State’s pursuit of the charges is based on a misapprehension of the law. When possible, a defendant should attempt to force the State to demur to the Motion, thereby leaving a pure question of law for the court to decide in the defendant’s favor.

What happens if a defendant properly establishes these defenses upon the filing of a Motion to Dismiss

If a defendant properly establishes these defenses upon the filing of a Motion to Dismiss, the Court will intervene pretrial to terminate the proceedings.

What defenses are available to a defendant by plea?

All defenses available to a defendant by plea, other than not guilty, shall be made only by motion to dismiss the indictment or information, whether the same shall relate to matters of form, substance former acquittal, former jeopardy, or any other defense.

What is the purpose of a motion to dismiss?

At its core, a motion to dismiss filed under Rule 3.190 is a pretrial mechanism to terminate a criminal prosecution through court action because of some legal or technical defect in the proceedings . Rule 3.190 (b), Florida Rules of Criminal Procedure, provides:

Brian P Byrd

There is no time limit to file unless you are in jail. Why don't you consider retaining an attorney to represent you and he can answer your concerns and possibly reach out to the intake attorney who has your case at the Sao?

Mark H Randall

They usually take a long time in these situations to file on a charge, because they would want to talk to the alleged victim first to see what happened. If the alleged victim really isnt returning the State's calls promptly, it will take a while.

Ken Eulo Jr

In the case of an arrest, they only have 175 days to bring a felony case to trial. If, on the other hand, you were not arrested, then they can take as long as they want within the statute of limitations to make a filing decision. There is no specific time frame that we could quote you regarding an average time period.