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Florida statute

Fla. Stat. § 907.045 — Habeas corpus; motion to dismiss; preliminary hearing

Current through 2025 Florida Statutes

Part of Chapter 907: Procedure After Arrest, Florida Statutes.

Full text of Fla. Stat. § 907.045

Statutory text current through the 2025 Florida Statutes. This publication reproduces the official statutory text; it is not the official statutes of the State of Florida.

Fla. Stat. § 907.045Primary source, current through the 2025 Florida Statutes
A defendant who is in custody when an indictment, information, or affidavit on which she or he can be tried is filed may apply for a writ of habeas corpus attacking the indictment, information, or affidavit, or the defendant may move to dismiss the indictment, information, or affidavit. A defendant who has been confined for 30 days after her or his arrest without a trial shall be allowed a preliminary hearing upon application.

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This reference is informational and is not legal advice.