How Long Do the Police Have to File Drug Charges in Florida?

If you’ve been arrested on a drug charge in Florida, know that the Sixth Amendment to the U.S. Constitution entitles you to a “speedy trial.” According to these laws, the public prosecutor must review the details of the crime and indicate whether they wish to pursue a criminal case. Typically, the deadline is 72 hours within which the prosecutor can choose to file charges, drop the case, or settle out of court. If the charges are dropped, the police release the suspect right away.

State Time Limits are Set to Protect People from Unnecessary Inconveniences

The state of Florida has set these time limitations to ensure that arrested people do not have to spend time in jail any longer than it takes to prove their guilt. A speedy trial also ensures that any evidence is not damaged or tampered with. Witnesses can provide reliable accounts if they are called in to testify since the incident is still fresh in their minds.

Each jurisdiction proceeds according to the specific laws they have in place. Within 24 to 48 hours after the arrest, you will be presented before a judge where you’ll learn about the charges against you and the bail amount. The court also ensures that you have legal representation or a criminal defense lawyer to defend you.

Time in Which the Police Must File Drug Charges in Florida Depends on the Situation

Various factors can influence the time within which the police must file drug charges in Florida. For instance, the quantity of the drug found in your possession and the number of times you’ve been arrested on similar charges. The type of drugs that you’re carrying can be classified under Schedules I, II, III, IV, and V depending on how easy they are to abuse and whether or not they have any medical usage. Schedule I drugs have no medicinal value at all while the Schedule V category is considered to have a low probability of any abuse.

If you were aware of possessing drugs is another factor to consider. For instance, if you were driving a borrowed car that had drugs hidden in it that you had no knowledge of, that factor could influence the charge under Florida drug laws.

In case the police searched your person or vehicle without probable cause and they did find drugs in your pocket or purse, you could get the case thrown out. That’s because the police acted against your constitutional rights and searched you without any proper grounds for suspicion. Do keep in mind that if minors are involved in any way, the situation becomes more serious. And, that includes using drugs in the presence of a child or having drugs on or anywhere near school property.

Arraignment Takes Place Within Two Weeks

In case you’re charged under drug laws, you can expect that the arraignment will take place within two weeks. This is when the defendant is produced in court and pleads guilty or not guilty, and the work of defending your drug charges begins. The judge sets a trial date and the court sends out subpoenas to the witnesses to appear and testify.

Request for Your Attorney Right Away

If you’re arrested, the only information that you’re required to provide is your name and age. Aside from saying anything, remember not to provide any information in writing either. In case you’re asked to sign any documents, politely decline, and ask to have an attorney present. Even if you’re jailed, you will be allowed to make one phone call. Contact your family or friends, and make sure they get in touch with our firm right away! Our Criminal Defense Attorneys have over 100 years of combined experience successfully litigating these types of cases. If you or your loved one find themselves in a situation where you are being accused of a Drug Crime, call us right away at 407-930-8912 to speak with a qualified legal professional or fill out the contact form on this page. We’re available 24/7, we offer free initial consultation and payment plans. In addition to our Orlando location, we have offices in the following cities across the state of Florida:

*Additional Orlando Florida & Orange County Legal Resources