How long does a prosecutor have to bring charges?
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How long does a prosecutor have to bring charges?
It’s been exactly 4 months since I got arrested for possession of burglary tools and I haven’t received a single phone call or letter from anyone saying when I have court for it. I’ve called the county courthouse and they have been of no help with this issue. I’d like to know how likely the chances of the charges still going through are going to be. Would you happen to know?
Asked on October 19, 2011 under Criminal Law, Florida
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Four months is not exactly a long time in court systems when there is an overbooking of cases and simply not enough prosecutors to go around. Clearly you were let out on bond, otherwise you would have already had your case heard. Check with your bond agent and see if he or she knows if court hearings have been scheduled or if the prosecutor is planning on simply letting this one go. You could be the victim of circumstance and the prosecutor just hasn't had enough to go on yet to prosecute but generally the lesser crimes do have timelines for prosecution. Every state is different but keep in mind the constitutional rights to a speedy trial.
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