Legal Question in Criminal Law in Florida

Re: Charge

Unless there is some other reason to hold the individual, then he should be released. There can be lots of reasons for holding the person including a warrant for a different case, the arrest as a violation of some other court order, or another element of the same case that was not dismissed. Some arrests give rise to multiple charges and just because one was dismissed does not mean they were all dismissed. A nolle pros means the state has decided not to prosecute a specific charge, but likely has no effect on other charges.

Re: Charge

So long as there is nothing else pending. If there is some other issue, such as a VOP, you could still be held, since, in most jurisdictions, if not all, the simple arrest, regardless of the outcome, is enough to violate probation. Either way, just a long way of saying, it depends if there's anything else still pending, but if not, yes, they should be released.