Florida Statutes
Fla. Stat. § 907.045 (2025)
Habeas corpus; motion to dismiss; preliminary hearing.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 6
cases (1 in the last 5 years), 1971–2024 · leading case: Gerstein v. Pugh, 420 U.S. 103 (1975).
Gerstein v. Pugh, 420 U.S. 103 (1975). “Fla. Stat. Ann. § 907.045 (1973), [3] and arraignment, which the District Court found was often delayed a month or more after arrest.”
State v. Paul, 783 So. 2d 1042 (Fla. 2001). “0471 and section 907.045(4)(b)7, the Legislature used the term "pretrial detention" in a way that signifies that the term applies to a revocation of an existing bond.”
Kennedy v. Crawford, 479 So. 2d 758 (Fla. 3d DCA 1985). “We note that Section 907.045, Florida Statutes (1985), provides that “[a] defendant who has been confined for 30 days after his arrest without a trial shall be allowed a preliminary hearing upon application.”
Shanklin v. State, 174 So. 3d 621 (Fla. 1st DCA 2015). “He further asserts that the writ of habeas corpus is the proper remedy under section 907.045, Florida Statutes, because he challenges the validity of the probable cause affidavit supporting the charging Information, and that the circuit court in Santa Rosa County erred in…”
Wingard v. Sec'y Dep't of Corr. (Duval Cnty.) (M.D. Fla. 2024). “On August 21, 2012, Wingard’s counsel moved to dismiss the Amended Information, pursuant to section 907.045, Florida Statutes, and Rule 3.”
Karz v. Overton, 249 So. 2d 763 (Fla. 2d DCA 1971). “We think Fla.Stat. § 907.045 (1970) requires denial of mandamus in this case.”
— 907.045(4)(b) — 1 case
State v. Paul, 783 So. 2d 1042 (Fla. 2001). “0471 and section 907.045(4)(b)7, the Legislature used the term "pretrial detention" in a way that signifies that the term applies to a revocation of an existing bond.”
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