QUESTION

Can you be "rearrested" after being released by "mistake"

Asked on Mar 20th, 2018 on Criminal Law - Florida
More details to this question:
My brother was found guilty of (multiple) DUI's and sentenced to 2 years and 2 months for the offenses. He was actually supposed to be sent to Prison, however spent the entire time in a county jail. He was released just a couple weeks shy of 2 years (due to 72 days work credit). His name was on the release notice board for an entire 2 weeks prior to being released, and when his day came, he was processed out and released. 2 days later a plain-clothed detective (from another county) came to the house and said "it was a mistake, you should not have been released" so he re-arrested him and took him back to the county jail. Is this even legal?
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1 ANSWER

Criminal Law Attorney serving Bartow, FL
1 Award
Yes, if a person is released from custody (whether jail or prison) by mistake, the person can be taken back into custody.
Answered on Apr 03rd, 2018 at 7:48 AM

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