Legal Question in Criminal Law in Florida
If a prisoner's attorney asks the State Attorney's office in Florida if they have any additional charges pending against their client while he/she is incarcerated and they say "no", can they then legally file those charges after the prisoner's release?
Asked on 11/12/13, 7:30 pm
1 Answer from Attorneys
Eric Trabin
Lucid Legal, PLLC
Yes of course the State can legally file charges at a later time. It is entirely possible that the State did not have pending charges at the time the question was asked. If the additional charges were not filed upon as part of a plea bargain, or were perhaps part of the original case but simply never filed upon, then they should not be filed and can likely be dismissed.
Answered on 11/12/13, 7:42 pm
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