was on probation girlfriend called law saying the truck was stolen but it' was sitting in the yard next door. She called them back said everything was okay and not to come. She was told he wouldn't be bothered but 3 officers showed up he got scared and ran but stopped when told to. He didn't know he was and was told he was under arrest but put him in jail for resisting arrest with no violence. Been in jail since July 4th still no charges filled might be another week or so
If being held in jail on just the new allegation, the read the rule I have posted below. The person should have a bond set on the charge. If he bonds out, then the rule I posted below does not apply. That time frame in the rule is only applicable to someone in custody pending the filing of formal charges.
Also, you mention the person was on probation. If the person is being held on the new allegation, and this new allegation has also violated probation, then the answer depends. He may be held without bond on the violation of probation (VOP). He can ask the court to set a reasonable bond for the VOP, however, he is not entitled to bond on a VOP.
You should consult with and hire an attorney to assist with this matter.
Pursuant to Florida Rule of Criminal Procedure 3.134:
"The state shall 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 the defendants are arrested or from the date of the service of capiases upon them. If the defendants remain uncharged, the court on the 30th day and with notice to the state shall:
(1) 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
(2) 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.
In no event shall any defendants remain in custody beyond 40 days unless they have been formally charged with a crime."
I have attempted to provide you with an accurate and thorough answer to your question. Please understand that this answer is intended to provide you with general information. It should not be construed as legal advice, nor does it form an attorney/client relationship based on this communication. Good Luck!
It really depends on why he is in jail. If its just for the underlying allegation of resisting without violence, he can be held for 30 days without charges being filed. At that time, he can file a notice with the court and this requires charges to be filed within 3 days. If no charges are filed on the 40th day then he is released. This doesn't mean the charges are dropped, it just means he in no longer in pre-trial detention.
On the other hand, he can be held without bond on an allegation that he violated probation. In that case, nothing above applies. The burden of proof on a VOP is much lower than the substantive offense and he can be found in violation even if the State never files charges on the new allegation. If found in violation, he can be sentenced to the maximum for the crime he is on probation for. I tried to cover a couple different possibilities for you. I hope this was helpful. Good luck.
Answering this question did not create an attorney-client relationship. I attempted to provide you with an accurate and thorough answer to your question. Please understand that this answer is intended to provide you with general information. It should not be construed as legal advice nor should you expect that an attorney/client relationship was formed based on this communication. You are always welcome to contact me directly. Good Luck!
If the state does not file charges within 30 days he can ask to be released ROR. From your facts it does not sound like he is guilty of resisting. However, if he is charged with violating his probation he may sit is jail a lot longer depending on why he is on probation. You really need to consult with a criminal lawyer.
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