Legal Question in Criminal Law in Florida

Incarcerated, Timely serving of additional warrant

19 y/o son arrested for Purchase of Cannabis. Had an outstanding warrant for possession of paraphenalia. Bailbond sought 6 hrs after he was booked. 17 hours after his booking, I was told bond was pending the serving of the poss of para warrant. No clue as to who would have bonded him, as we were trying to come up with $$ and collateral. Now, 3 1/2 days later, Records management is saying there was no bond posted for him, and he still has not been served with warrant for poss of para. My question is: How long is too long to have to wait to be served if already incarcerated? and what can be done about the lie about bond being posted?


Asked on 2/29/04, 6:44 am

2 Answers from Attorneys
Dan Akes C. Daniel Akes, Attorney at Law

Re: Incarcerated, Timely serving of additional warrant

Based upon your facts, I can't tell you why he is still in jail. He should have had a first appearance before a judge, where bond was set. If he was not arrested on the paraphernalia warrant, then he should be able to bond on the purchase. However, you may received some bad information:

First, if the warrant for paraphernalia was for violation of probation on a charge he has already been convicted of, then he can be held without bond on the violation. It is common to do so.

Second, if he was already out on bond on the paraphernalia charge, then he can be held without bond on the purchase charge.

In any case, it seems you will have to obtain a lawyer to have a chance to have him released.

Dan

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Answered on 2/29/04, 8:29 am
Dan Akes C. Daniel Akes, Attorney at Law

Re: Incarcerated, Timely serving of additional warrant

In my last answer, I said that if he was already on bond for the paraphernalia charge he could be held without bond on the purchase. Actually, his bond on the paraphernalia charge could be revoked. He still wouldn't be entitled to release.

Dan

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Answered on 2/29/04, 8:38 am


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