Legal Question in Criminal Law in Florida

no evidence

if you are arrested and there is no evidence to back it up, how can they still hold someone in jail?can they keep someone in there just because of the type of charge it might be?


Asked on 10/05/08, 4:17 am

2 Answers from Attorneys

Leland Garvin Garvin Law Firm

Re: no evidence

A court must find that there is probable cause for any detention over 24 hours.

If probable cause is shown, the state can hold an accused for up to 40 if a hearing is held and good cause is shown.

In short, they will need some type of evidence for any hold.

Feel free to give me a ring to discuss this further; my office is here in Broward county.

-Leland 954.524.2424

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Answered on 10/05/08, 10:27 am
Leland Garvin Garvin Law Firm

Re: no evidence

A court must find that there is probable cause for any detention over 24 hours.

If probable cause is shown, the state can hold an accused for up to 40 if a hearing is held and good cause is shown.

In short, they will need some type of evidence for any hold.

Feel free to give me a ring to discuss this further; my office is here in Broward county.

-Leland 954.524.2424

Read more
Answered on 10/05/08, 11:30 am


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