Rule 3.134. Time for Filing Formal Charges

(a) Defendants in Custody.

(1) The state must file formal charges on defendants in custody by information, or indictment, or in the case of alleged misdemeanors by whatever documents constitute a formal charge, within 30 days from the date on which defendants are arrested or from the date of the service of capiases on them.

(2) If the defendants remain uncharged, the court on the 30th day and with notice to the state must:

(A) Order that the defendants automatically be released on their own recognizance on the 33rd day unless the state files formal charges by that date; or

(B) If good cause is shown by the state, order that the defendants automatically be released on their own recognizance on the 40th day unless the state files formal charges by that date.

(3) In no event may any defendants remain in custody beyond 40 days unless they have been formally charged with a crime.

(b) Defendants Not in Custody.

(1) The state must file formal charges on defendants on pretrial release by information or indictment, or int eh case of alleged misdemeanors by whatever documents constitute a formal charge, within 60 days from the date on which defendants are arrested or from the date of the service of capiases on them. If the defendants remain uncharged, the court on the 60th day and with notice to the state must:

(A) Order that the defendants automatically be released on their own recognizance on the 63rd day unless the state files formal charges by that date; or

(B) If good cause is shown by the state, the Court may continue the defendant on pretrial release for up to an additional 30 days unless the state files formal charges.

(2) On the expiration of the time period prescribed in subsection (1), and on motion with notice to the state, the court shall order that the defendant be released from all requirements of bail and all conditions of pretrial release unless the defendant has been formally charged with a crime.