Once a suspect has been placed in jail, the state attorney must formally charge him or her within thirty days of the first day of imprisonment. If the state attorney fails to file formal charges within 30 days, the court must order the automatic release of the suspect on his or her own recognizance by the 33rd day unless the prosecutor has filed formal charges by then. If the state attorney can show good cause for not filing charges by the 33rd day, the court may order that the suspect be released on the 40th day, unless the state attorney files formal charges by then. The prosecutor has the sole discretion of whether to charge or suspect or whether to decline to charge a suspect. The state attorney is the person who presents the evidence against the suspect. He or she may call witnesses, show exhibits, and conduct a criminal trial by presenting evidence to the court.
The information on this page does not represent legal advice. Because the law is continually changing, some of the provisions contained herein may be out of date. It is always wise to seek counsel from an Fort Lauderdale State Attorney Charge attorney like Kenneth Hassett.