Skip to main content
US Criminal Defense.org
Menu

Florida statute

Fla. Stat. § 985.535 — Additional grounds for appeal by the state; time for taking

Current through 2025 Florida Statutes

Part of Part IX: Appeal, Florida Statutes.

Full text of Fla. Stat. § 985.535

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. § 985.535Primary source, current through the 2025 Florida Statutes
(1) The state may appeal from a preadjudicatory hearing order dismissing a search warrant, suppressing evidence obtained by search and seizure, or suppressing a confession or admission made by a child. The appeal must be taken before the adjudicatory hearing. (2) An appeal by the state from a preadjudicatory hearing order shall stay the case against a child upon whose application the order was made until the appeal is determined. If the court from which the appeal is taken determines that the evidence, confession, or admission that is the subject of the order would materially assist the state in proving its case against another child and that the prosecuting attorney intends to use it for that purpose, the court shall stay the case of that child until the appeal is determined. The trial court in its discretion may release a child whose case is stayed pending appeal. A child who is not released from custody pending appeal may petition the appellate court for expedited consideration of the appeal.

Official sources

Legal terms used in this section

This reference is informational and is not legal advice.