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

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.

Source: Section 907.045 — Habeas corpus; motion to dismiss; preliminary hearing, https://www.­flsenate.­gov/Laws/Statutes/2024/0907.­045 (accessed Aug. 7, 2025).

Current through Fall 2025

§ 907.045. Habeas corpus; motion to dismiss; preliminary hearing's source at flsenate​.gov