Legal Question in Criminal Law in Florida

Re: no probable cause????

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From the limited information you have provided let me give you my best guess as to what occurred. Someone was arrested and that person then appeared before a judge after his or her arrest. At that first appearance, the judge had the responsibility to determine whether there was probable cause for the arrest and to then set bond. The judge apparently decided there was no probable cause or insufficient probable cause and accordingly released the arrestee on his or her own personal recognizance so that the arrestee did not have to post a bond. The prosecutor could still file charges if he or she determines that there is sufficient evidence to proceed with the case.

Re: no probable cause????

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It appears that at the bond hearing the presiding judge did not find that there was enough evidence at that time so the person was released on his own recognizance (ror). No bond was required. The State Attorney still has the opportunity to gather additional evidence and decide whether or not to file charges against the party. While the case is not over yet, the chances of the State proceeding are slim unless they find the additional evidence.

Scott R. Jay, Esq.

Re: no probable cause????

The judge found no probable cause, it means the state can go find additional probable cause and arrest you later.

Re: no probable cause????

There was no probable cause or insufficient probable cause in the police report/affidavit, and the person was released on his own personal recognizance. The person did not have to post a bond. The State could re-file.