Legal Question in Criminal Law in Florida
arrest without evidence of crime
Can a person be arrested and jailed when they are falsely accused of assault? The police searched and there was no evidence of the weapon supposedly used found. The person arrested has an eight-year old charge of assault with a deadly weapon on her record.
1 Answer from Attorneys
Re: arrest without evidence of crime
Unfortunately a person can be arrested and jailed whenever an officer decides that they should be. Whether or not this stands up in court, and the person is released, is another story.
Next, it depends on the exact nature of the charge. Ie: a simple assault, aggrivated, deadly weapon etc.
Other factors to be evaluated would be: what the victim wants, the person's prior record, ties to the community, if they have ever missed a court appearance before, etc.
Bottom line, The person should be eligable for a bond; but without more info that is all could say..
Feel free to give me a call to discuss further.
-Leland
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