Ask a Lawyer and Get Answers to Your Legal Questions
If you have further questions, you may post them here and I will continue to assist. Otherwise, even if you have a JA Subscription, Please ACCEPT my answer as that is the only way I get credit for my time and information. Thank you
After reading your response again, it sounds as it you are saying that the Arthur Hearing can't be held until after 21 days. So is there any way to get an appearance with a judge to see if a bond can be posted prior to the charging document being filed based on low presumption of quilt or risk?
The following was taken from the Miami Dade Public Defenders website. We are being told that the Arthur Hearing cannot happen until the 21 days is up. - "For felonies, the charging document most commonly used is called an "information." The prosecutor has 30 days from the date of arrest to file the charging document. However, in Miami-Dade County, nearly all defendants are set for arraignment on felony charges on the twenty-first day after their arrest. If the charging document is not filed by the twenty-first day, and the defendant is in custody, his defense attorney can ask the judge either to release the defendant on his promise to appear in court or to hold an adversary preliminary hearing, which requires the State to produce evidence showing probable cause for the charges. Notwithstanding either defense request, if the prosecution intends to file a charging document, it will request an extension until the 30th day. On the 30th day, if the prosecution does not have a charging document, the court will order that the defendant be released on his own recognizance by the 33rd day, unless the state attorney files charges by that date. If the prosecution shows good cause, it can request to have the defendant remain incarcerated until the 40th day. No individual shall remain in custody for more than 40 days if no charging document has been filed."