Florida Statute 907.045 | Lawyer Caselaw & Research

The 2024 Florida Statutes

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.

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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 Citing Statute 907.045

Total Results: 6

Shanklin v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2015-09-11T00:00:00-07:00

Citation: 174 So. 3d 621

Snippet: habeas corpus is the proper remedy under section 907.045, Florida Statutes, because he challenges the validity…addresses pre-trial detention and release. Section 907.045 provides the writ of habeas corpus as a pre-trial…stages of the litigation. Not only does section 907.045 fail to provide a post-conviction remedy for the

State v. Paul

Court: Fla. | Date Filed: 2001-03-28T23:53:00-08:00

Citation: 783 So. 2d 1042

Snippet: Additionally, by enacting section 903.0471 and section 907.045(4)(b)7, the Legislature used the term "pretrial

State v. Diaz

Court: Fla. Dist. Ct. App. | Date Filed: 1999-02-17T00:00:00-08:00

Citation: 734 So. 2d 1082, 1999 Fla. App. LEXIS 4619, 1999 WL 72234

Snippet: for a continuance. . §§ 907.04, 907.041 & 907.045, Fla. Stat. (1997). The fourth statute in chapter

Roberts v. Roberts

Court: Fla. Dist. Ct. App. | Date Filed: 1987-08-13T00:53:00-07:00

Citation: 520 So. 2d 598

Snippet: established her total contribution to that house to be $7,907.45, rather than $7,207.45. We agree that the trial…downpayment on the first home was $7,207.45 or $7,907.45, we remand the matter for the trial court to entertain

Kennedy v. Crawford

Court: Fla. Dist. Ct. App. | Date Filed: 1985-10-08T00:00:00-07:00

Citation: 479 So. 2d 758

Snippet: defendant’s demand). . We note that Section 907.045, Florida Statutes (1985), provides that “[a] defendant

Karz v. Overton

Court: Fla. Dist. Ct. App. | Date Filed: 1971-05-14T00:00:00-07:00

Citation: 249 So. 2d 763

Snippet: grant a preliminary hearing. Florida Statutes, § 907.045 (1970), F.S.A.2 provides a mandatory preliminary…Court nor the Legislature. We think Fla.Stat. § 907.045 (1970) requires denial of mandamus in this case