If you are arrested on drug charges in Florida, you are probably eager to know what will happen next. The criminal justice system operates on a very strict set of rules called the Florida Rules of Criminal Procedure.
The purpose of these criminal procedure rules is to ensure that every defendant’s case moves steadily toward the next step in the process until it is resolved. If the police or prosecutors fail to perform a required task within the timeframe required by the rules of criminal procedure, the law imposes significant consequences to protect the defendant’s rights to liberty and due process of law.
This blog post explains the time limits that apply to the prosecution of drug cases in Florida, beginning from the time of the defendant’s arrest through to the pretrial stages. Understanding the criminal justice system is important, but finding the right, experienced Florida criminal defense lawyer with extensive experience representing people accused of drug crimes is essential.
At Stechschulte Nell, Attorneys at Law, in Tampa, we have successfully represented hundreds of Floridians accused of a wide range of drug crimes, from simple possession to trafficking. We are skilled criminal defense lawyers. Call us to talk about your case. We can help.
What Happens After a Florida Drug Arrest?
Whether you were arrested in a search warrant raid or following a routine traffic stop, once you feel the cold cuffs click on your wrists, you have to be wondering what happens next. The first step is booking you into the computer, listing all of your biographical data and your physical features, fingerprints, and photographs. Then the clock starts.
24 Hours for First Appearance — Initial Presentment
The law requires that every person arrested who was not previously released must be presented before a judge within 24 hours of their arrest. This “first appearance” can be accomplished either in person or through video conference. Representatives from the Department of Attorney General. If you hired an attorney, they will be present. If you have not yet retained a lawyer, the Public Defender’s Office will have an attorney at this first appearance.
The purpose of this initial appearance is to ensure that no one is detained after an arrest that lacked probable cause.
The judge and the respective public attorneys review the paperwork. If the reports do not contain sufficient facts that (if true) suggest that the defendant committed a crime, then detaining further would be illegal unless another hold was detaining the defendant, like a warrant on another case or an alleged probation violation.
Presumption of Pretrial Release on Recognizance
If the judge finds probable cause for the defendant’s arrest, the law favors releasing the accused on the condition that they keep the peace and appear in court when required. The pretrial release conditions that will apply to an individual’s case depend on the nature of the offense, the personal circumstances of the defendant, their prior criminal record and history of appearing in court, and their connections to the community.
The judge is obliged to impose the least restrictive pretrial release conditions that will ensure the safety and security of the community and the attendance of the defendant in court when scheduled to be there.
If a drug offense involves violence or manufacturing a controlled substance, the court is required to set some monetary bail or bond.
If the offense carries a possible life sentence, or if no reasonable conditions can provide for the defendant’s good behavior and timely appearance in court, then the court can order the defendant detained.
If You Are In Custody the Florida Attorney General Has 30 Days to File Drug Charges
Under the Florida Rules of Criminal Procedure, the Attorney General has 30 days from the date of a defendant’s arrest to file formal felony or misdemeanor charges against them. This includes most drug offenses. If no indictment or criminal information has been filed within 30 days of the arrest, then the defendant must be released on day 33 unless the state files the charges before that time.
In some cases, if the Florida Attorney General’s lawyers can show “good cause,” the court may allow the defendant to be detained until day 40. “In no event shall any defendants remain in custody beyond 40 days unless they have been formally charged with a crime.” (Fla. R. Crim. P. 3.134).
The remedy for the state prosecutors’ failure to file a formal indictment or information against the defendant before the time limit is to release the defendant on their own recognizance, meaning without requiring them to post monetary bail.
Florida AG Must File Information or Indictment within 175 Days of Arrest
The Florida Attorney General’s office must file a formal felony charge within 175 days of the defendant begin taken into custody. If the state fails to file the charge within that timeframe, then the defendant is entitled to an immediate discharge and a permanent bar to any further prosecution related to the events in issue.
Misdemeanor charges must be filed within 90 days for the same rule to apply.
Different from Speedy Trial
In Florida, the law provides every defendant with the right to a speedy trial. Felony defendants have a right to be tried within 175 days of their arrest, and misdemeanor defendants have the right to start their trial within 90 days. Of course, if no charge is filed within the required time, then no trial can occur.
Delays requested or caused by the defense can be counted as waivers of the speedy trial right.
Failure to bring a defendant to trial within the allotted speedy trial period can result in a permanent bar to any further prosecution on the charge and a complete discharge of the defendant. However, when the defendant files the “Notice of Expiration of Speedy Trial Period,” the state can keep the charge alive if the trial begins within 10 days. This is referred to as the “recapture period.”
There are several grounds on which the court can rule that the speedy trial clock should be extended, including the unavailability of the defendant, defense requests for continuances, or the unreadiness of the defense. Prosecutors also can claim exceptional circumstances to justify an extension of more time for trial, including unavailable evidence despite diligent efforts to obtain it, sudden illness, or the need to accommodate a codefendant.
Read More> Do First-Time Drug Offenders Face Jail Time?
Experienced Criminal Defense Lawyers Protect Your Legal Rights
The Stechschulte Nell Criminal Defense Law Firm in Tampa has years of experience fighting to protect the rights of criminal defendants in Florida courts, both state and federal. There’s no substitute for a skilled criminal defense attorney with decades of courtroom experience opposing prosecutors on their client’s behalf.
If you are facing criminal charges in Hillsborough County or Pinellas County, call Stechschulte Nell, Attorneys at Law to find out how we can help you; 813-280-1244.
