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Blog · October 28, 2014

Bond / Bail / Arthur Hearing / Physical Evidence / Testimonial Evidence / Burden of Proof / Circumstantial Evidence / AVVO / Michael A. Haber, Esq. **ARRESTED / **305DUI

Q:    If the state attorney agreed to go ahead with the charges before the 21 days, how long can they hold him without physical evidence?  His court date is Aug 6th but only for the arraignment-they have no physical evidence. how long can they keep holding him? and he has still not been appointed a public defender! what is wrong with this system? these are human beings!

A:     

Locally licensed lawyer

For questions involving state laws, lawyers who are licensed in the same state as the asker are often able to provide more relevant answers than out-of-state lawyers.

For questions involving federal laws (e.g., immigration or patents), this distinction is unimportant.

” href=”http://www.avvo.com/legal-answers/if-the-state-attorney-agreed-to-go-ahead-with-the–1334042.html#!” rel=”nofollow” style=”-webkit-transition: all 0.3s ease; border-bottom-color: rgb(118, 123, 124); border-bottom-style: dotted; border-bottom-width: 1px; border-top-color: rgb(118, 123, 124); border-top-style: dotted; border-top-width: 1px; color: #767b7c; display: inline-block; font-size: 11px; line-height: 1.2em; text-decoration: none; transition: all 0.3s ease;”>Licensed in FL

Michael Adam Haber

Michael HaberLearn more. ” href=”http://www.avvo.com/legal-answers/if-the-state-attorney-agreed-to-go-ahead-with-the–1334042.html#!” rel=”nofollow” style=”-webkit-transition: all 0.3s ease; color: #006699; text-decoration: none; transition: all 0.3s ease;”>PRO

Criminal Defense Attorney – Miami, FL

Contributor Level 20

10 lawyers agreed with this answer

George C. Mangrum
George C. Mangrum
Criminal Defense Attorney – Orlando, FL
Nick Jay Dorsten
Nick Jay Dorsten
Criminal Defense Attorney – Clearwater, FL
Steven Douglas Knittle
Steven Douglas Knittle
Criminal Defense Attorney – Gulf Breeze, FL
Betty Elaine Jones
Betty Elaine Jones
Criminal Defense Attorney – Brandon, FL
Brenda A Drake
Brenda A Drake
Criminal Defense Attorney – Jacksonville, FL
Gus Michael Centrone
Gus Michael Centrone
Criminal Defense Attorney – Tampa, FL
Chad Piotrowski
Chad Piotrowski
Criminal Defense Attorney – Miami, FL
Joseph Franklin Pippen Jr.
Joseph Franklin Pippen Jr.
Estate Planning Attorney – Largo, FL
Brett Jacob Szematowicz
Brett Jacob Szematowicz
Criminal Defense Attorney – Tampa, FL
James Roman Amarosa II
James Roman Amarosa II
Criminal Defense Attorney – Tampa, FL

” href=”http://www.avvo.com/legal-answers/if-the-state-attorney-agreed-to-go-ahead-with-the–1334042.html#!” rel=”nofollow” style=”-webkit-transition: all 0.3s ease; color: #006699; text-decoration: none; transition: all 0.3s ease;”>10

Lawyers agree
Answered . If he has a bond he can post it at any time. If he does not have a bond then he will need a special bond hearing called an “Arthur Hearing”. He is entitled to an attorney once the charges are files (generally on the 21st day, but it could be longer than that before the charges are filed, so, in either event, he will be appointed counsel at his Arraignment)

As for no physical evidence: How do you KNOW that there is no physical evidence? .There may be physical evidence that you are not aware of. Regardless of the existence of physical evidence, neither probable cause nor even proof beyond a reasonable doubt REQUIRE physical evidence. Evidence comes in many forms, physical being only one testimonial (verbal) and circumstantial evidence being examples of others.

I know that you are frustrated at the system but it does work (not always how one would like, but imagine what “justice” would look like in say, Iran, and then be thankful and appreciative that our Constitution provides rights which “he” will be – and I dare venture to say “is being” – afforded).

I hope that it works out well for you and him.

No attorney-client relationship exists by virtue of any Q&A on Avvo. Anything that you post on Avvo (or similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, and as this is an open forum there is no attorney client privilege attached, so be careful (forewarned is forearmed.) 
Michael A. Haber, P.A.:   Creative, effective and zealous criminal defense advocacy since 1991.

At Michael A. Haber, P.A. “Its all about reasonable doubt”.

Michael A. Haber, Esq. is prepared to speak with you about your case!

1-888-SHARK-8-1, 305-798-2220, **ARRESTED, **305DUI, **MIAMIDUI, **MIAMILAW or **HABERLAW.

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