Umatilla, FL Criminal Defense Law Firms & Lawyers

There is no legal statutory requirement or rule that you be arraigned within a certain time period.  However, if you are in jail and no Information or charging document has been filed by the State Attorney's Office within a set time period, you will have a right to file for a preliminary hearing -- or, depending on the period of time, you may be able to file for release (that doesn't drop the charge) due to the State's failure to file within the requisite time period.  However, if you are being held on a VOP, there is no time requirement with regard to your VOP court date (other than the right to go to a FAH within 24-48 hours following your arrest. If you are in jail on a new charge -- and it's a misdemeanor, you have the right to a trial within 90 days from when you were arrested -- assuming you do not waive your speedy trial right.  However, after the 90th day, you must file a Notice of Expiration of Speedy Trial and seek a dismissal.  At that point the judge has to set a hearing within 5 days.  If the judge finds the speedy trial time has expired, he can give the state up to a total of 15 days (from the point of expiration) to get you to trial.  However, you are entitled to discovery -- and adequate time to prepare for trial.  You cannot be forced to go to trial without discovery (assuming you filed a timely request for discovery).  But the court could rule that you only need a few days to prepare for trial after the state gives you discovery -- unless you can successfully show why that is insufficient time.  Again, this applies only to a new case -- not a VOP.      

A convicted felon can be charged with a 2nd degree felony for being in possession of a gun. But if it has been more than 8 years since the completion of the sentence. he can apply to get his gun rights restored. The minimum mandatory for this 2nd degree felony is 3 years in prison. Get the rights restored before you are even near a gun.

Do police officers pose as drug dealers and then tell them that they are not?   You are a suspect. DO you think the police office wants to speak to you to be your buddy?   Do not speak to the police without conferring with a lawyer.   And I always recommend to my clients to invoke their rights to remain silent and ask to speak to a lawyer whether or not they actually have one