Legal Question in Criminal Law in Florida

arrest on vop

what constitutes an arrest?

if a person is taken to a first appearence for violating probation in a florida county other then the county where the probation was issued, does that constitute arrest?

If the person is held after that time in custody and under a detainer for a period of 19mths but never is returned to the county where the warrant was issued for vop was issued out of, is the person entitled to credit for that time served?

if a person is in orange county florida facing charges and is taken to a first appearence for a bevard county florida charge, where bond is set is he entitled to credity time servedfrom that day forward?

if a person violates probations being served concurrently for 2 seperate counties and is arrested in the 1st county for the pending violations in both counties, is that person then entitled for credit time serves in county #2 if he is then held in custody in county#1 for 19 mthd and is under a detainer for county #2 the entire time?


Asked on 3/16/07, 1:21 pm

2 Answers from Attorneys
Nicolas Babinsky SealMyRecord.Com

Re: arrest on vop

1. If you are taken anywhere by an agent of the state against your will (not voluntarily) then you have been arrested. This applies to your situation.

2. If you are detained for 19 months and not transported to the county where the VOP occurred you would be entitled to credit for the time you were detained IN CUSTODY. If you are in state custoday, you are entitled to credit time served for the offense you are in custoday for.

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Answered on 3/16/07, 2:46 pm
Nicolas Babinsky SealMyRecord.Com

Re: arrest on vop

Definiton of arrest as used in Florida courts:

An �arrest ,� for purposes of the speedy-trial rule, involves the following elements: (1) a purpose or intention to effect an arrest under a real or pretended authority, (2) an actual or constructive seizure or detention of the person to be arrested by a person having present power to control the person arrested, (3) a communication by the arresting officer to the person whose arrest is sought of an intention or purpose then and there to effect an arrest, and (4) an understanding by the person whose arrest is sought that it is the intention of the arresting officer then and there to arrest and detain him. West's F.S.A. RCrP Rule 3.191(a, d).

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Answered on 3/16/07, 3:12 pm


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