Legal Question in Criminal Law in Florida

My question is if I was arrested in Marion County FL on two charges one; TAMPER WITH WITNESS AND OR VICTIM a third degree felony charge and the other; BATTERY DOMESTIC VIOLENCE a first degree misdemeanor and the charges get dropped can the courts ever re open those exact same charges of the same case against me? Reason being is my wife was on felony probation and violated it by leaving Florida and was caught and extradited back to FL. My wife told her probation officer she was in fear of me and that is why she left FL. So since my charges were dropped and now she is the one in jail, if I go along with her story can I get re arrested or in ANY trouble on those same charges? I want to help her get out of jail. Please help me in this important matter.

Thank You SO SINCERELY


Asked on 8/07/09, 11:44 pm

1 Answer from Attorneys
Richard Hornsby Richard E. Hornsby, P.A.

If you were arrested, the State is limited by the speedy trial rule, which is 175 days for a felony. What this means is that if a person was arrested on day 1 and then the State dropped charges on day 90; the state could refile charges all the way up to day 175. However, after day 175, they can no longer file charges based on the exact same incident as you were arrested on.

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Answered on 8/16/09, 11:06 pm


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