Legal Question in Criminal Law in Florida

How long can you be in jail w/charges pending

My son has been jailed for serious offenses. Supposedly, he is not technically arrested? I went to police to get the report on the said home invasion robbery and was denied. Why? Can he be held for 40 days w/charges pending?My son said the report stated he was id by his eyes as the intruder had on ski mask & camofluage clothes. He was arrested on a Wed. I spoke to att. that very day. Paid his fee on Thurs. This is Sat. pm & att. has not been to see my son or rtn my phone calls. Is this sop when you retain & attorney? My son has a credible alibi. Should I chg att? Thankyou, Sleeoless in Clay


Asked on 2/10/07, 3:56 pm

2 Answers from Attorneys
Valerie Masters Valerie Masters, P.A.

Re: How long can you be in jail w/charges pending

They can hold him until trial if the charges are serious enough. The place to get the report is the clerk's office not pd, unless he is a juvenile. I dont ususally criticize but a private atty should go see a new client in jail within 24-48 hours unless there is a very very good reason. He should return calls. I think its a bad sign. If you can afford it, switch, but you may not get a refund. If he continues, write him a pleasant letter and tell him you will contact the BAR. Call if I can help to you now or in the future. Good luck, Valerie.

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Answered on 2/11/07, 5:49 pm
Scott Cupp Law Office of Scott H. Cupp, LLC

Re: How long can you be in jail w/charges pending

Your call as to retaining a different lawyer. You should be able to find out what is going on since you paid the fee. Did you sign any type of fee agreement? You can go to the Clerk of Court on Monday and see your son's court file. It is public record and you can see for yourself whether charges have been filed or not.

Good luck!

Scott H. Cupp

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Answered on 2/10/07, 4:34 pm


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