Legal Question in Criminal Law in Florida

Re: Jailed nephew

You can only be held in jail for a maximum of 40 days without formal charges by the State Attorney's Office.

However, there is no requirement that the alleged weapon be produced. A witness would have to be able to testify what the object was and that they were put in fear as a result of the object and that the fear was reasonable. Almost anything can be a deadly weapon depending on how it's used.

Even if the weapon is a firearm...the firearm need not be produced.

-Kendall L. Horween, P.A.