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What does motion withdrawn d/mtn for mandatory release mean

Clearwater, FL |

looked in public records at my friends case and it said motion withdrawn d/mtn for mandatory release then above it said no information filed by state attorney (orally) is this a good thing

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Attorney answers 4

Posted

Have your friend or his family call the clerk's office to be sure, but it sounds like the State did not file charges based upon the info you provided. So, yes, that would be a good thing if it is what occurred.

John S. Riordan, Esq., RIORDAN & HERMAN, PL., West Palm Beach, FL, (561) 650-8291. Mr. Riordan is a former Palm Beach County Prosecutor and an experienced criminal defense lawyer handling cases in both State and Federal Courts throughout Florida. The answer provided is for educational purposes only. It does not constitute legal advice or create an attorney-client relationship. You should consult an attorney for legal advice regarding the facts of your specific case and designed to help you with your personal needs.

Posted

Yes, it means that the state declined to file criminal charges and your friend should be released. The Mtn for mandatory relief was filed when the state took took too long to file an information or no-file it. Once it no-filed the case, the motion was moot and withdrawn. Your friend is coming home.

Posted

It would seem the chare was not filed on

David R. Damore, Esq., Damore, Delgado, Romanik & Rawlins, Daytona Beach, FL, (386) 255-1400. Mr. Damore is a former Volusia and Broward County Prosecutor and an experienced criminal defense lawyer handling cases in both State and Federal Courts throughout Florida. The answer provided is for educational purposes only. It does not constitute legal advice or create an attorney-client relationship. You should consult an attorney for legal advice regarding the facts of your specific case and designed to help you with your personal needs.

Posted

I agree with my colleagues. The only reason your friend would not be released at this point is if he was being held on another charge or a violation of probation.

This answer does not, nor is it intended to, create an attorney-client relationship or constitute attorney advertising. Rather, it is offered solely for information purposes. Since the facts of each case are different, it is critical to consult with qualified counsel with whom information can be shared and assessed under an attorney-client privilege, so that competent advice can be obtained on which you can make informed decisions.

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