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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

Posted

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.

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6 comments

Asker

Posted

i know there is no evidence because he was not involved. the alleged victim who got filed these charges of robbery and such is a homeless man, we had an apartment he has a job and we have 2 kids and are expecting he has no reason to commit such a crime and wouldnt do so even if there was reason. he is either at work or home. the detective told me there are 2 suspects, they searched the other suspects home and found a gun and have a warrant for his phone records, they never did any of that or requested anything from my fiance. without evidence or proof how can they sentence or continue to hold an innocent man?????

Michael Adam Haber

Michael Adam Haber

Posted

I've got a better question? How can you expect me, or anyone else, who has only your broken, biased and at best half-informed information to rely upon t give you any kind of competent answer? "He" will get an attorney, the attorney will review and evaluate and challenge the evidence and if he is innocent then he will be exonerated. I know that you don't want to hear that but I am not going to blow sunshine up your skirt and tell you what you want to hear (i.e that you are right, that he is being illegally held, that his constitutional rights are being violated and that the system has failed. I do not know that to be the case and were I to say that to you I might as well add in that I have to hop on my unicorn and and ride over to Candyland to have lunch with Santa Claus and the Tooth Fairy.) Again, 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).

Asker

Posted

all i have to tell is the truth, which is that he is innocent! regardless of what night it was or what time he was home! the crime occured at 1:34 am on Father's Day he was home sleeping as he would be any night at 1:34am in the morning! I thought someone had to be convicted without any reasonal doubt and as of now all they have is a victim who pointed to our home because he is friends with the maintence man who serves us-the victim gave no name or description! the maintence mad told me the "victim" stated if he wanted to get my fiance out of jail all he has to do is make one phone call but he is scared to tell the truth bec he may go to jail! since he had no involvement in the case at all should be plea no contest at the arraignment? why make a deal of any sort if your innocent? we dont want a deal we want him out!

Michael Adam Haber

Michael Adam Haber

Posted

Look, for what its worth I believe you, but I am not the guy that you have to convince. I am just a lawyer in Miami who is trying to offer a little bit of advise to folks who are in need. And even if I were in Lakeland, Florida I couldn't solve this problem. Apparently there is a State Attorney who, for whatever reasons and based on whatever evidence, does not believe your alibi. This is the nature of our system. All you can do is to call his lawyer and make sure that he is aware of your testimony and hope for the best.

Asker

Posted

is it a good idea to plea no contest if you know you were not involved in any way or should you always plea not guilty?

Michael Adam Haber

Michael Adam Haber

Posted

If you plea no contest then you go straight to sentencing. No contest is effectively a guilty plea. You really should make an appointment with a Lakeland area attorney and address all of your issues in person and at once.

Posted

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.

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Posted

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.

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Asker

Posted

he is innocent-he had no involvement in the crime-how can they sentence an innocent man just because someone "says" he did something? do they not need proof?

Posted

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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