Tallahassee, FL asked in Criminal Law for Florida

Q: Hi so my daughter got arrested for attempted murder , how long can they hold her ?

She got detained for detention hearing , how long can they hold her until trial ( my daughter is being charged as a juvenile)

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4 Lawyer Answers
Jeffrey H. Garland
Jeffrey H. Garland
PREMIUM
Answered
  • Criminal Law Lawyer
  • Fort Pierce, FL
  • Licensed in Florida

A: I am assuming that your daughter’s charges are in State court, and that the judge granted the State motion for pre-trial detention. If so they can hold until trial. There are some options. She could appeal the trial court’s ruling by filing a petition for writ of certiorari. She could file a demand for speedy trial within 60 days of the demand or the filing of a formal charge, whichever comes later (the actual time to start trial might be extended a bit by recapture). Or she could refuse to waive speedy trial without demand, which require a trial to start within 175 days of the arrest (with the possibility of a short recapture extension). All of this supposes that she retains experienced and knowledgeable counsel. Your question ignores the very real need to prepare for trial. Her lawyer can help her decide what is in her best interests under the particular circumstances of her case.

Jonathan Blecher and Terrence James O'Sullivan agree with this answer

Jonathan Blecher
Jonathan Blecher
PREMIUM
Answered
  • Criminal Law Lawyer
  • Miami, FL
  • Licensed in Florida

A: I agree with Mr. Garland’s analysis of your daughters case status. I’d only add that it’s possible that the State, upon review of the case facts, may elect to lower the level of charges, or elect to not file any charges at all. A change of circumstances like that will have an effect on your daughter’s bond.

All the more reason to retain an experienced attorney as soon as possible.

Good luck.

Henry George Ferro
Henry George Ferro
Answered
  • Criminal Law Lawyer
  • Ocala, FL
  • Licensed in Florida

A: I would add that the present corona virus crisis also creates further difficulties for your daughter...Get the best lawyer you can; the charges in this case are very serious.

Terrence James O'Sullivan
Terrence James O'Sullivan
Answered
  • Criminal Law Lawyer
  • Melbourne, FL
  • Licensed in Florida

A: Really depends on the 923 PC affidavit and witnesses at the bond hearing

Any respectable attorney you hire will file a bond motion with mitigation and potential defense witnessese.

While the public defender has great attorneys, I wouldn’t expect a call back anytime soon.

Ask around snd find a reputable attorney to get an emergency bond hearing hearing ASAP

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