A missed filing deadline has added a new development to Kodak Black’s criminal case in Orange County. The rapper’s attorney is arguing that the delay should result in the removal of the court-ordered restrictions connected to his release.
Kodak was arrested on May 6 on a charge of trafficking MDMA after Orange County investigators obtained a warrant tied to a November 2024 investigation. This week, defense attorney Bradford Cohen filed a motion asking a judge to release Kodak from his bond and all pretrial conditions, claiming prosecutors failed to meet the deadline required under Florida Rule of Criminal Procedure 3.134(b).
According to the motion, as reported by WESH 2 News, more than 60 days had passed since Kodak’s arrest without prosecutors filing an information or indictment. Under Rule 3.134(b), the state generally has 60 days to formally charge defendants who have been released before trial.
Cohen argued that since the deadline has passed, Kodak should either be released on his own recognizance without bond restrictions or face no more than an additional 30 days of pretrial supervision if prosecutors decide to continue moving forward with the case.
The criminal case began after an Orlando police investigation near Mercy Drive and Fairvilla Road, where officers responded to reports of gunfire. According to the arrest affidavit, investigators searched two SUVs at the scene after approaching one vehicle and allegedly noticing the smell of cannabis. Police claimed they found marijuana and MDMA inside the vehicles, including roughly 25 grams of MDMA in a Lamborghini. Under Florida law, possessing 14 grams or more meets the threshold for an MDMA trafficking charge.
The discovery led authorities to request an arrest warrant for Kodak. He turned himself in on May 6 and posted a $75,000 bond the following day. He has remained out of custody while following the requirements of his pretrial release.
Cohen’s latest filing does not seek to have the case dismissed or challenge the evidence detailed in the arrest affidavit. Instead, it focuses only on whether prosecutors followed the procedural deadlines required under Florida law.
The court has not yet made a decision on the defense’s request, and at the time the motion was filed, prosecutors had not officially submitted charges in the case.
