My son was arrested in Pasco County Florida for aggravated stalking charge charges after that consist of aggravated assault on a Leo felony fleeing to elude the aggravated stalking has been abandoned dropped does Florida have after the fact laws to where the other two charges that came after the original charge would be dropped
In Florida, a defendant is entitled to Speedy Trial, meaning formal charges should be filed for a Felony offense within 175 days from the date of arrest. This means that a person could be arrested on charges A, B & C, but later on could be formally charged with D as long as D took place during the same event and was within 175 days of arrest.
If the offense happened at the same time as the dropped charges, the next thing to look at would be whether it is outside of Speedy Trial. If the charge did not happen at the same time and he wasn't arrested at or near the time for that offense or a related offense, then you have to look at the statute of limitations. In most offenses, charges can be filed up to three years after it took place, but it really depends on the specific charge as it may vary.
Consult with an attorney about the specific facts of his case and whether he has a defense based on speedy trial or the statute of limitations.
This information is for general purpose only and does not constitute legal advice or create an attorney- client relationship.
As I read your question, the remaining charges could be dropped, but may not be because they are based on separate facts. We don't know the reason the ag stalking charge was dropped. Perhaps the victim did not want to prosecute. However, the victim of the ag assault is a cop who may feel differently about the situation. Whether your son stalked someone is a different matter than whether he ran from the police. I hope this answer has been helpful. Good luck.
This Q&A forum is no substitute for a personalized, private conversation concerning your situation. This response is a general answer to a question posed by an unidentified person. It is not intended to and does not create an attorney-client relationship.
These are not "after the fact" laws.
Your son committed independent crimes for which he was charged.
If he can prove that the cops acted unconstitutionally, unlawfully or unreasonably then he may have a defense to those charges but the charges are not automatically invalidated because they happened to come after the initial offense which was dismissed.
You son needs a lawyer.
Wishing your son luck and hoping that I have been helpful in answering your question.
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