QUESTION
How can my son stay in jail after the felony charge dismissal?
Asked on Aug 28th, 2012 on Criminal Law - Florida
More details to this question:
My son was charged with a felony and it was bound over to superior court, which just dismissed it. He has a $2500 cash bail but he never bailed.
9 ANSWERS
Dennis P. Mikko
If all of the criminal charges have been dismissed, he should be released from jail unless there is a hold on him for some other matter.
Answered on Sep 07th, 2012 at 1:39 PM
If the bail set at $2500 by the Court is for the felony charged but that was later dismissed, then your son should be released and there isn't any grounds to detain him any longer. However there might be additional charges against him in another Jurisdiction or a few days holdover for processing times as the ensure there aren't any other charges against your son before your son can be released. These are scenarios that if the facts warrant, will need to be ascertained. A few phone calls to the right personnel will get you the answer(s) which would be inexpensive and quick to do.
Answered on Sep 07th, 2012 at 1:30 PM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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Upon dismissal of all charges, he is supposed to be released promptly. If he has other holds and warrants from other charges and courts, he won't be released. If he is being improperly held without charges, feel free to contact me to obtain legal help getting him out. If he posted cash bail with the court, not a bondsman, the bail will be returned to him is a few weeks.
Answered on Sep 07th, 2012 at 1:19 PM
Divorce Attorney serving Little Rock, AR
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Law Office of Kathryn L. Hudson
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If the charges have been dismissed your son should be released, if he has not been released you need to hire an attorney right away.
Answered on Sep 07th, 2012 at 1:07 PM
If a case is dismissed and the Defendant is in jail he should be released within 24 hours.
Answered on Sep 07th, 2012 at 1:06 PM
Speeding & Traffic Ticket Attorney serving Sherman Oaks, CA
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Law Offices of Phil Hache
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Are there any other pending charges or another reason he is being held? Is ge a U.S. Citizen (if not, there may be an immigration hold). Generally speaking once the charge is dismissed, he should not be cleared for release (processing can take several hours), unless there is a seperate reason why he is being held.
Answered on Sep 07th, 2012 at 1:03 PM
Because it is a felony, the DA can refile it once, and likely did.
Answered on Sep 07th, 2012 at 12:59 PM
Child Custody Attorney serving Grand Rapids, MI
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Ryan Maesen PLC
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He shouldnt be in jail if the charge was dismissed.
Answered on Sep 07th, 2012 at 12:56 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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If the charges are dismissed, the defendant should be released.
Answered on Sep 07th, 2012 at 12:50 PM