Legal Question in Criminal Law in Florida

when someone is arrested for a criminal offense, goes to the police department and has to wait inside a locked room because he has no money on him and needs someone to pay the bail for him to leave, Does the time that this person stays in the police department waiting for the bail to be paid inside a locked room for at least 3 hours is it considered being in jail???

please i would appreciate your answer

thanks


Asked on 8/17/11, 8:55 am

1 Answer from Attorneys
Craig Epifanio Craig Epifanio, P.A.

The best answer is that it depends. For purposes of things like the applicability of Miranda warnings then you are definitely "in custody" but not necessarily in jail. Also, some jurisdictions may consider that time as applying towards any "credit for time served" when it comes to sentencing.

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Answered on 8/17/11, 10:04 am


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