Fort Lauderdale, FL asked in Criminal Law for Florida

Q: Last October my son was arrested for battery and still going to court. The person who accused him has not been to court

And no longer lives in state. He was offered 90 days. Can he somehow get this thrown out. He was arrested on 11/8/20 on new unrelated charges and was told the battery charge has to be taken care before he can have a bond on new charges

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2 Lawyer Answers
Jeffrey H. Garland
Jeffrey H. Garland
PREMIUM
Answered
  • Criminal Law Lawyer
  • Fort Pierce, FL
  • Licensed in Florida

A: Your son’s problem is the new arrest while out on bond. That’s why he can’t bond out. The new arrest reveals nothing about the first arrest. Either the witness who moved out of state shows up for trial or not. Depending on Covid it might be quite some time before a trial is started. Whether the first case can be thrown out is a question best addressed to his present attorney who knows the case. If your son has lost confidence in that attorney, you could retain a new attorney to review the case in detail.

Jonathan Blecher agrees with this answer

1 user found this answer helpful

Jonathan Blecher
Jonathan Blecher
Answered
  • Criminal Law Lawyer
  • Miami, FL
  • Licensed in Florida

A: None of us can tell you if there are grounds to "throw the case out". That will be up to his attorney, not online lawyers answering general legal questions. Not being in Florida doesn't help his situation, but a 90 day offer on a misdemeanor battery charge tells me there's more behind it. Perhaps your son has a prior history of charges. The new arrest, as Mr. Garland points out, isn't helping matters, either. Trust your lawyer or find a new one.

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