The Importance of Adversary Preliminary Hearings in Miami, FL
Understanding the Adversary Preliminary Hearing in Miami, FL
What occurs when the State Attorney's Office fails to file formal charges within 21 days after an arrest? In such cases, defendants are entitled to an adversary preliminary hearing (before the information is filed) or release on their own recognizance (after the information is filed).
The adversary preliminary hearing is an effective mechanism for securing a defendant's release following an arrest. If a felony arrest occurs and the state does not file formal charges within 21 days, Miami Criminal Defense Attorney Dennis Gonzalez Jr. can file a motion for an "adverse preliminary hearing" on the 22nd day after the arrest.
If the court does not adhere to the rules during the preliminary hearing, Attorney Gonzalez can file an "emergency petition for writ of habeas corpus," seeking an order from the District Court of Appeals for the defendant's immediate release on their own recognizance, as required by Rule 3.134(1), Fla. Rules of Crim. Proc.
When the petitioner seeks an adversary preliminary hearing under Florida Rule of Criminal Procedure 3.133, the petition can be treated as a petition for writ of certiorari. If granted, the appellate court can remand the case with instructions to grant the petitioner's request for an adversary preliminary hearing.
Miami Criminal Defense Attorney Dennis Gonzalez Jr. has earned a well-deserved reputation for meticulous legal preparation and a tenacious fighting spirit.
Miami Criminal Defense Lawyer Dennis Gonzalez Jr. is renowned for offering top-notch legal representation to those accused of crimes in South Florida. Our legal team, well-versed in both Florida and Federal Criminal Punishment Codes, possesses the expertise and experience that can make the difference between freedom and incarceration. If you are facing alien smuggling and/or human trafficking charges, we will tenaciously defend you and work relentlessly to safeguard your rights.
Call Us At 305-209-0384 For A FREE Consultation!
The adversary preliminary hearing is an effective mechanism for securing a defendant's release following an arrest. If a felony arrest occurs and the state does not file formal charges within 21 days, Miami Criminal Defense Attorney Dennis Gonzalez Jr. can file a motion for an "adverse preliminary hearing" on the 22nd day after the arrest.
If the court does not adhere to the rules during the preliminary hearing, Attorney Gonzalez can file an "emergency petition for writ of habeas corpus," seeking an order from the District Court of Appeals for the defendant's immediate release on their own recognizance, as required by Rule 3.134(1), Fla. Rules of Crim. Proc.
When the petitioner seeks an adversary preliminary hearing under Florida Rule of Criminal Procedure 3.133, the petition can be treated as a petition for writ of certiorari. If granted, the appellate court can remand the case with instructions to grant the petitioner's request for an adversary preliminary hearing.
Miami Criminal Defense Attorney Dennis Gonzalez Jr. has earned a well-deserved reputation for meticulous legal preparation and a tenacious fighting spirit.
Miami Criminal Defense Lawyer Dennis Gonzalez Jr. is renowned for offering top-notch legal representation to those accused of crimes in South Florida. Our legal team, well-versed in both Florida and Federal Criminal Punishment Codes, possesses the expertise and experience that can make the difference between freedom and incarceration. If you are facing alien smuggling and/or human trafficking charges, we will tenaciously defend you and work relentlessly to safeguard your rights.
Call Us At 305-209-0384 For A FREE Consultation!
Representation for Adversary Preliminary Hearings in Miami, FL
If you were arrested for a felony offense, contact Miami Criminal Defense Attorney Dennis Gonzalez Jr. at (305) 209-0384 to discuss retaining an attorney to file a motion for an adversary preliminary hearing.
Attorney Gonzalez often represents clients during the "pre-filing investigation," a period before an arrest or the filing of any formal charges. The goal during this time is to convince the prosecutor with the State Attorney's Office not to file any formal charges (often called the "no file" or "no information").
In cases where the State Attorney's Office has not decided whether to file charges by the 21st day, Attorney Gonzalez is experienced in filing a motion for an adversary preliminary hearing pursuant to Rule 3.133(b)(1) of the Florida Rules of Criminal Procedure on the 22nd day after the arrest. If the State fails to produce witnesses or evidence establishing probable cause, a motion for the defendant's immediate release on their own recognizance can be filed.
Dennis Gonzalez Jr. can assist you during the 21-day period following an arrest but before any formal charges are filed. Put his experience to work for you.
If you were arrested for a felony offense, contact Miami Criminal Defense Attorney Dennis Gonzalez Jr. at (305) 209-0384 to discuss retaining an attorney to file a motion for an adversary preliminary hearing.
Attorney Gonzalez often represents clients during the "pre-filing investigation," a period before an arrest or the filing of any formal charges. The goal during this time is to convince the prosecutor with the State Attorney's Office not to file any formal charges (often called the "no file" or "no information").
In cases where the State Attorney's Office has not decided whether to file charges by the 21st day, Attorney Gonzalez is experienced in filing a motion for an adversary preliminary hearing pursuant to Rule 3.133(b)(1) of the Florida Rules of Criminal Procedure on the 22nd day after the arrest. If the State fails to produce witnesses or evidence establishing probable cause, a motion for the defendant's immediate release on their own recognizance can be filed.
Dennis Gonzalez Jr. can assist you during the 21-day period following an arrest but before any formal charges are filed. Put his experience to work for you.
Non-Adversary vs. Adversary Preliminary Hearing
Florida Rules of Criminal Procedure require a trial judge to make a pretrial nonadversarial probable cause determination either before or shortly after a defendant is taken into custody, as stated in Fla. R.Crim. P. 3.133. This determination is typically made at the first appearance hearing, based on the affidavit supporting an arrest warrant or the probable cause affidavit when the arrest is made without a warrant signed by a judge. The right to an adversary preliminary hearing is not triggered unless the prosecutor fails to file charges within 21 days.
Timeframe for the State to File Charges After an Arrest
One frequently asked question is, "How long does the State have to file charges after an arrest?" Generally, the State decides whether to file formal felony charges within 21 days, as failure to do so triggers the defendant's right to an adversary preliminary hearing.
Under Florida law, the primary purpose of an adversary preliminary hearing is to determine if probable cause exists to continue holding
Contact Dennis Gonzalez Jr. at (305) 209-0384 to schedule a free consultation. He is available 24 hours a day, 365 days a year to discuss your case and provide the legal guidance you need to navigate the complex world of Criminal Procedure. Enlist the help of Miami's top criminal defense attorney and fight for your rights today.
Hire an Experienced Miami Criminal Defense Attorney
Criminal investigations and charges are a serious matter which is why you need a dedicated Miami Criminal Defense Attorney like Dennis Gonzalez Jr. on your side, ready to challenge the prosecution. With over 11 years of experience handling cases on both sides of the courtroom, Attorney Dennis Gonzalez Jr. can anticipate the Government's moves and develop a strong legal strategy to counter them. Having obtained victories for past clients, he will work tirelessly to do the same for you.
Florida Rules of Criminal Procedure require a trial judge to make a pretrial nonadversarial probable cause determination either before or shortly after a defendant is taken into custody, as stated in Fla. R.Crim. P. 3.133. This determination is typically made at the first appearance hearing, based on the affidavit supporting an arrest warrant or the probable cause affidavit when the arrest is made without a warrant signed by a judge. The right to an adversary preliminary hearing is not triggered unless the prosecutor fails to file charges within 21 days.
Timeframe for the State to File Charges After an Arrest
One frequently asked question is, "How long does the State have to file charges after an arrest?" Generally, the State decides whether to file formal felony charges within 21 days, as failure to do so triggers the defendant's right to an adversary preliminary hearing.
Under Florida law, the primary purpose of an adversary preliminary hearing is to determine if probable cause exists to continue holding
Contact Dennis Gonzalez Jr. at (305) 209-0384 to schedule a free consultation. He is available 24 hours a day, 365 days a year to discuss your case and provide the legal guidance you need to navigate the complex world of Criminal Procedure. Enlist the help of Miami's top criminal defense attorney and fight for your rights today.
Hire an Experienced Miami Criminal Defense Attorney
Criminal investigations and charges are a serious matter which is why you need a dedicated Miami Criminal Defense Attorney like Dennis Gonzalez Jr. on your side, ready to challenge the prosecution. With over 11 years of experience handling cases on both sides of the courtroom, Attorney Dennis Gonzalez Jr. can anticipate the Government's moves and develop a strong legal strategy to counter them. Having obtained victories for past clients, he will work tirelessly to do the same for you.
Featured client testimonials:
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Arrested for battery in Miami
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Arrested for aggravated battery in Miami
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MIAMI CRIMINAL DEFENSE ATTORNEY DENNIS GONZALEZ JR 11401 SW 40 STREET, SUITE 204 Miami, FL 33165 (305) 209-0384 www.DGONZ.com |