How long does the state have to file formal charges?
I was arrested for 1. TRAFFICKING IN HEROIN >4, <14 GRAMS Statute: 893.135(1)(C) First Degree – Felony, 2. POSS. OF COCAINE W/INTENT TO SELL/DELIVER Statute: 893.13(1)(A) Second Degree – Felony, 3. TRESPASS/PROP. OTHER THAN STRUCT. OR CONV. Statute: 810.09(2)(A) First Degree – Misd. is been two months and half and state has not given me a court day or anything. I am not sure what this meant and I would like to know how long they have to give me a court day??
They have 6 months to file formal charges on you, and will typically take a while to file charges based on testing the substance at the lab and other factors. Unless there is a consitutional problem or fact issue in the case, expect for the case to be filed on as heroin cases are politically sensitive cases and there has been a mandate for vigorous prosecution on those types of cases here. So you might want to look into hiring an attorney at this time for pre-file representation to start preparing your defense now and investigating. Best of luck