The 2023 Florida Statutes (including Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 907
PROCEDURE AFTER ARREST

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F.S. 907.045

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.

History.—s. 140, ch. 19554, 1939; CGL 1940 Supp. 8663(147); s. 1, ch. 26767, 1951; s. 69, ch. 70-339; s. 1509, ch. 97-102.

Note.—Former s. 909.04.

F.S. 907.045 on Google Scholar

F.S. 907.045 on Casetext

Amendments to 907.045

Arrestable Offenses / Crimes under Fla. Stat. 907.045

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 907.045.

Annotations, Discussions, Cases:

Cases from cite.case.law:

M. SHANKLIN, v. STATE, 174 So. 3d 621 (Fla. Dist. Ct. App. 2015)

. . . He further asserts that the writ of habeas corpus is the proper remedy under section 907.045, Florida . . . Section 907.045 provides the writ of habeas corpus as a pre-trial remedy for a challenge to the indictment . . . Not only does section 907.045 fail to provide a post-conviction remedy for the writ of habeas corpus . . .

STATE v. PAUL,, 783 So. 2d 1042 (Fla. 2001)

. . . Additionally, by enacting section 903.0471 and section 907.045(4)(b)7, the Legislature used the term . . .

STATE v. DIAZ, v. v., 734 So. 2d 1082 (Fla. Dist. Ct. App. 1999)

. . . . §§ 907.04, 907.041 & 907.045, Fla. Stat. (1997). . . .

WILLIAMS, v. WARD, J. I., 845 F.2d 374 (2d Cir. 1988)

. . . . § 907.045 (1973), and arraignment, which ... was often delayed a month or more after arrest.” . . .

KENNEDY, v. CRAWFORD,, 479 So. 2d 758 (Fla. Dist. Ct. App. 1985)

. . . We note that Section 907.045, Florida Statutes (1985), provides that “[a] defendant who has been confined . . .

GERSTEIN v. PUGH, 420 U.S. 103 (U.S. 1975)

. . . . §907.045 (1973), and arraignment, which the District Court found was often delayed a month or more . . .

KARZ, v. F. OVERTON,, 249 So. 2d 763 (Fla. Dist. Ct. App. 1971)

. . . Florida Statutes, § 907.045 (1970), F.S.A. provides a mandatory preliminary hearing for those charged . . . We think Fla.Stat. § 907.045 (1970) requires denial of mandamus in this case. . . .