Legal Question in Business Law in Florida

Re: arrest prior to abandonment of project

Not necessarily. The assertion that the contractor did not actually abandon the job is more of a factual defense that a legal one. Therefore, since Judges only decide issues of law, and do not resolve factual disputes, the charges likely cannot be dismissed by way of a motion.

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Re: arrest prior to abandonment of project

There is no such thing as a premature arrest. If the elements of the crime cannot be met by the prosecution, you can file a motion under Florida Rule of Criminal Procedure 3.190(c)(4), saying that all the elements of the crime cannot be proven. If the motion is successful, the charges will be dismissed.