What Happens After an Arrest in Florida

After an arrest in Florida, the arrested person must see a judge within 24 hours at a "first appearance", where the judge explains the charge and rights, appoints a public defender if needed and sets release conditions. A judge must also find probable cause within 48 hours if the person is held. The prosecutor then has 30 days to file formal charges if the person is in jail, or 60 days if released; otherwise the person is released from custody or bail conditions. Once charged, Florida's speedy trial rule requires trial within 90 days for a misdemeanor and 175 days for a felony, unless the defense agrees to more time. This guide follows a case from arrest to trial, using the Florida Rules of Criminal Procedure as amended to October 1, 2026.

This guide is general information, not legal advice. If you or a family member has been arrested, speak to a Florida criminal defense lawyer or ask for the public defender at first appearance.

The short version

• 24 hours: first appearance before a judge (Rule 3.130).
• 48 hours: a judge must find probable cause for anyone held in custody (Rule 3.133).
• 30 or 60 days: the deadline for formal charges, for people in jail or on release respectively (Rule 3.134).
• 90 or 175 days: speedy trial after formal charges, for misdemeanors or felonies; or 60 days after a demand for speedy trial (Rule 3.191).
• You do not have to say anything, and anything you say can be used against you; ask for a lawyer.
• Release: Florida presumes release on nonmonetary conditions except for listed "dangerous crimes" (s. 907.041).

Timeline from arrest to trial

What happens at first appearance?

A judge tells the arrested person the charge, gives a copy of the complaint, explains their rights, decides on a lawyer and sets the conditions of pretrial release. It happens within 24 hours of the arrest, in person or by video. The judge must advise that:

• the defendant does not have to say anything, and anything said can be used against them;
• they have a right to a lawyer, appointed free if they cannot afford one;
• they may contact a lawyer, family or friends, and will be given reasonable means to do so.

The public defender and the prosecutor attend. If the person has hired a lawyer, the private lawyer can appear instead. Family members can usually watch first appearance hearings, which are public.

How does bail work in Florida?

Florida law presumes release on nonmonetary conditions, such as a promise to appear or supervision, unless the charge is one of the "dangerous crimes" listed in section 907.041 or the judge finds monetary conditions necessary.

• Dangerous crimes include, among 26 listed offenses, homicide, sexual battery, robbery, kidnapping, aggravated assault and battery, burglary of a dwelling, stalking, human trafficking and any act of domestic violence. A person arrested for one cannot get nonmonetary release at first appearance once probable cause is found.
• Pretrial detention without bail can be ordered on the prosecutor's motion in limited cases, after a hearing.
• Factors: the judge weighs the nature of the charge, the person's ties to the community, record, and the risk of flight or danger (s. 903.046).

When does the prosecutor file charges?

The state must file formal charges, an information or indictment (or for a misdemeanor, the document that serves as the formal charge), within 30 days of arrest for a person in jail and within 60 days for a person on release.

If the state misses the 30-day deadline for a jailed defendant, the court must order release on the person's own recognizance on the 33rd day, or the 40th day if the state shows good cause; no one may stay in jail beyond 40 days without formal charges (Rule 3.134(a)). For a defendant on release, the deadline is 60 days, after which the court releases the person from all bail requirements and conditions, unless the state shows good cause for up to 30 more days. These limits govern custody and bail; they do not end the case, and the state can still file charges later within the statute of limitations.

What is the speedy trial rule?

A person formally charged with a crime must be brought to trial within 90 days for a misdemeanor or 175 days for a felony; a defendant who wants to go faster can file a demand for speedy trial, which requires trial within 60 days. The periods run from formal charges, not from arrest (Rule 3.191). They can be extended, most often when the defense asks for more time or agrees to a continuance, which happens in most cases because the defense needs time to investigate.

If the time runs out, the defendant files a notice of expiration, and the court gives the state a short final window to start the trial; if it fails, the defendant is discharged. A demand for speedy trial is a strategic choice: it also means the defense must be ready within 60 days.

How long does Florida have to charge a crime?

For most felonies 3 years, for a first-degree felony 4 years, for a first-degree misdemeanor 2 years and for a second-degree misdemeanor 1 year; there is no limit for capital and life felonies or felonies that caused a death (s. 775.15). See our Florida statutes of limitations table for every deadline.

What should I do if a family member is arrested?

1. Find out where they are held: county jails publish online inmate searches with booking numbers and charges.
2. Attend or watch first appearance, usually the next morning; the judge sets release conditions there.
3. Do not discuss the facts of the case on recorded jail phone calls; calls are generally recorded.
4. Contact a criminal defense lawyer, or ask for the public defender if money is a problem.
5. Keep paperwork: the booking sheet, release order and any court dates.

How do I choose a criminal defense lawyer?

Choose a lawyer who handles your type of charge regularly in that county, and ask about first appearance, release conditions and the charging deadline on the first call. The Florida Bar certifies lawyers in criminal trial law after peer review and an exam. Compare criminal defense lawyers in our rankings for Miami, Fort Lauderdale, Orlando and Tampa. For DUI arrests, see Florida DUI penalties, which include a 10-day deadline about your license.

Frequently asked questions

How long can police hold you without charges in Florida?

You must see a judge within 24 hours, and a judge must find probable cause within 48 hours if you are held. If the state does not file formal charges within 30 days, you are released on your own recognizance on the 33rd day, or the 40th day if the state shows good cause.

Do I have to talk to the police after an arrest?

No. You have the right to remain silent, and the judge will remind you of it at first appearance. Ask for a lawyer before answering questions about the case.

Can I get a free lawyer in Florida?

Yes, if you cannot afford one and the charge can lead to jail, the court appoints the public defender. The judge decides at first appearance after reviewing your finances.

What is the difference between an arrest and being charged?

An arrest is based on probable cause; formal charges are filed later by the state attorney in an information or indictment. The state can decide to file fewer, different or no charges.

Does the speedy trial clock start at arrest?

Under the current Rule 3.191, the 90- and 175-day periods start when the person is formally charged, not at arrest.

Can an arrest be sealed if the charges are dropped?

Often, yes. Florida allows sealing or expunging records of arrests that did not end in a conviction, subject to eligibility rules in Chapter 943.

Sources

• Florida Rules of Criminal Procedure (as amended to October 1, 2026): Rules 3.130, 3.133, 3.134, 3.160 and 3.191
• Florida Statutes, section 907.041 (pretrial detention and release; dangerous crimes)
• Florida Statutes, section 903.046 (purpose of and criteria for bail)
• Florida Statutes, section 775.15 (time limitations for prosecution)
• Florida Statutes, section 943.059 (sealing of criminal history records)