Florida’s 33 Day Rule

Florida’s 33 day rule can be found in Fla. R. Crim. P. 3.134(1) explains the “time for filing formal charges” which provides:

The state shall file formal charges on defendants in custody by information, or indictment, or in the case of alleged misdemeanors by whatever documents constitute a formal charge, within 30 days from the date on which defendants are arrested or from the date of the service of capiases upon them.

If the defendants remain uncharged, the court on the 30th day and with notice to the state shall:

(1) Order that the defendants automatically be released on their own recognizance on the 33rd day unless the state files formal charges by that date; or

(2) If good cause is shown by the state, order that the defendants automatically be released on their own recognizance on the 40th day unless the state files formal charges by that date. In no event shall any defendants remain in custody beyond 40 days unless they have been formally charged with a crime.

To enforce this rule if the court fails to act, the defendant can file a motion for mandatory release or a writ of habeas corpus following the trial court’s denial of his request to be released on his own recognizance pursuant to Florida Rule of Criminal Procedure 3.134.

Another rule related to the filing of formal criminal charges is Rule 3.133(b), which provides that “defendant who is not charged in an information or indictment within 21 days from the date of arrest or service of the capias on him or her shall have a right to an adversary preliminary hearing on any felony charge then pending against the defendant.”

If the State has not made a filing decision on your case within that 21 day period after your arrest, you are entitled to this additional bond hearing. Your criminal defense attorney may decide to waive that hearing for tactical reasons based on the unique issue presented in any particular case. For example, if you are being held on other charges, it might make sense to waive this hearing so that you can continue to receive credit for the time you are serving in custody.

This article was last updated on Friday, March 27, 2026.