Attorney Joseph Soler
What does it mean if a criminal case is in non-filed status in Florida?
If a criminal case is in “non-filed status,” it means that the State Attorney’s Office has not yet made a filing decision on the case. In other words, they have not yet decided if they are going to proceed with charges yet. If and when they decide to file charges, they will file what is called an “information” which is the official filing document indicating that charges have been filed and they are going to proceed with prosecuting you. If an information is filed in the case, there will be another arraignment scheduled at that time and the case will no longer be in non-filed status.
How can I find out if the prosecutor has decided to file charges in my case?
Find the website for the Clerk of Court in the county you were arrested in and search for your criminal case. If an information is filed, you will see it among the other filings in the case. You can also call a criminal defense attorney who can look it up for you.
Why is my criminal case in non-filed status?
There are several common reasons why a criminal case is in non filed status:
The prosecutor may need additional time to investigate the case
The prosecutor may need additional time to speak with witnesses, such as the victim, police officers, or other witnesses
The prosecutor may simply be busy and has not yet gotten around to looking at the case
The prosecutor may need more time in order to discuss the case with the supervisor
What should I do if my case is in non-filed status?
Contact a criminal defense attorney who can call the State Attorney’s Office and inquire as to the reason why the case is in non-filed status. A criminal defense attorney can speak with the prosecutor and try to find out why the case is in non-filed status and whether they intend to file charges on you or not. A criminal defense attorney may also decide to bring additional information to the attention of the prosecutor that may convince them to not go forward with charges at all and to drop the case entirely.