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If the state attorney agreed to go ahead with the charges before the 21 days, how long can they hold him without phys. evidence?

Lakeland, FL |

his court date is Aug 6th but only for the arraignment-they have no physical evidence. how long can they keep holding him? and he has still not been appointed a public defender! what is wrong with this system? these are human beings!

Attorney Answers 4

  1. If he has a bond he can post it at any time. If he does not have a bond then he will need a special bond hearing called an "Arthur Hearing". He is entitled to an attorney once the charges are files (generally on the 21st day, but it could be longer than that before the charges are filed, so, in either event, he will be appointed counsel at his Arraignment)

    As for no physical evidence: How do you KNOW that there is no physical evidence? .There may be physical evidence that you are not aware of. Regardless of the existence of physical evidence, neither probable cause nor even proof beyond a reasonable doubt REQUIRE physical evidence. Evidence comes in many forms, physical being only one testimonial (verbal) and circumstantial evidence being examples of others.

    I know that you are frustrated at the system but it does work (not always how one would like, but imagine what "justice" would look like in say, Iran, and then be thankful and appreciative that our Constitution provides rights which "he" will be - and I dare venture to say "is being" - afforded).

    I hope that it works out well for you and him.

    No attorney-client relationship exists by virtue of any Q&A on Avvo. Anything that you post on Avvo (or similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, and as this is an open forum there is no attorney client privilege attached, so be careful (forewarned is forearmed.)

  2. Physical evidence is never needed. People can and are convicted solely based on the testimony of witnesses. The State can try to convince a jury that a person is guilty of a crime with only witnesses such as victims, eye-witnesses, police, and such. He definitely needs an attorney. He should apply for the public defender if he or his family cannot afford a private attorney. The application for the PD must be accurate so that if he has $117 then it should that exactly. He can't just put 0 for every spot; he must make his best effort to make sure the application is accurate.

    This is not to be considered legal advice nor does an attorney-client relationship exist.

  3. if he has an arraignment scheduled, then charges have been filed and probable cause has been determined. He can be held until the charge is resolved and then he will be sentenced. Physical evidence may not be necessary if the witnesses can prove the charge. Apply for the public defender at arraignment. That is one off the primary reasons for the arraignment.

  4. Once a person is arrested, the State has 30 days to file a charging document if the person is in custody. At day 31 the defense attorney can file a motion to release the defendant without having to pay a bond. Once the motion is filed, the State can, with good cause, continue the case to day 40 without officially charging the person.

    If the State files a charging document, then the person stays in jail until either the case has been resolved or they pay a bond. If he can't pay the bond, then he stays in jail until the case is resolved.

    The public defender's office will be appointed at arraignment and not before. There is typically a PD at first appearance, when the initial bond is set, but they are there only for the bond and not appointed to the case until arraignment.

    Physical evidence is not required for any part of a criminal prosecution. In Florida the entire case can be circumstantial. The Court won't even get to see the evidence until there is a trial.

    Most criminal defense attorney's will give a free consultation, most are less expensive than you may think, and many take payment plans. While there are many very good public defender's throughout the State, most are over worked and it is hard to get your case to be a priority to them. You want your case to be almost as important to your attorney as it is to you so they are invested in getting the best outcome possible. Take care when selecting the person who holds your future, or the future of a loved one.

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