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I was arrested in court for a felony. I was held and 3 days…

Customer Question
Hi. I was arrested...

Hi. I was arrested in court for a felony. I was held and 3 days later I had a video appearance to set a bond but was never asked if I was guilty or not guilty. I was released on bond and now I want to know how long does the DA office have until they actually have to bring me to court? Ask if I'm guilty? And see if I'd like a speedy trial? I had believed since I was in custody they had 48-73 hours to aririagn me but they never did I only appeared on the bond hearing. Is that normal protocol?

Lawyer's Assistant: What state is this in? And can you tell me a little more about the charge?

Florida. I was in court on a rule to show cause when I was arrested for direct contempt then told I was arrested on felony counts of battery on a Leo and resisting arrest w/ violence on a Leo

Lawyer's Assistant: Have you talked to a lawyer yet?

No im searching but I'd just like some clarity and a better understanding

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No that's it.. I just want to know was it legal that I wasn't arriagbed? How long now do they have to actually bring charges against me? When do I get to request a speedy trial? What's the statue of limitiations on actually filling the information or indictment?

Submitted: 11 months ago.Category: Criminal Law
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8/30/2017
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 11 months ago
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 31,917
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Hi,

I'm Zoey.

I've reviewed your post. Please be patient as I may need to research for you, and it also takes time to compose and type a reply.

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Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 11 months ago

Although in Florida you must be granted a bail determination within 72 hours of your arrest, your actual arraignment would be 30 to 60 days after that first appearance.

The case against you has already been filed, which means the statute of limitations has already been satisfied. If it wasn't filed, there would be no jurisdiction for the magistrate to have seen you and for bail to be set.

Speedy trial time starts running from the time of arrest in Florida. You can assert your right to a speedy trial at any point after the information or indictment has been filed. You can read the statute here to see the requirements.

Speedy trial is not as good as it looks on paper, because all sorts of events stop and start the speedy trial clock. Your lawyer will explain all that to you.

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Customer reply replied 11 months ago
How can I have a bail determination without being asked if Im guilty or not guilty? How come I wasnt asked if I want a speedy trial at the hearing when bond was set? What are the timelines required to be met now? How long do they have to bring me to court and arraign me? How long until they have to submit evidence and see if I want a speedy trial?
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 11 months ago

How can I have a bail determination without being asked if Im guilty or not guilty?

All defendants are innocent until proved guilty beyond a reasonable doubt. So right now you're not guilty because the law presumes your innocence. Bail determinations are not about innocence. Judges base bail upon the seriousness of the charges, the defendant's ties to the community, the defendant's criminal record and whether or not he would appear to be a flight risk.

How come I wasnt asked if I want a speedy trial at the hearing when bond was set?

Because there is no indictment or information as yet before the court. All there is is the criminal court complaint.

What are the timelines required to be met now?

Aren't you at liberty? If so, you've got your court date.

How long do they have to bring me to court and arraign me?

Your arraignment is set generally between 30 to 60 days after your arrest. It is the first date after your bail determination.

How long until they have to submit evidence and see if I want a speedy trial?

Discovery starts within 30 days of the arrest, which means your lawyer should be able to start seeing the evidence fairly quickly. You can demand a speedy trial at any point after you've been charged by indictment or information.

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