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Legal-Kal, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 585
Experience:  Attorney at Law Offices of Khaled Issa
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Ok I live in Florida and my son just got picked up and

Customer Question

Ok I live in Florida and my son just got picked up and charged with aggravated assault w/a deadly weapon. What had happen was he, his wife and friend went to the peace river park....he was doing a few donuts and a construction guy told him he didn't need to be doing that, of course my son said F....You and tried to leave the park. The guy pulled his truck in front of him in the middle of the road and wouldn't let him out, so my son went around him and left. The guy took off after him and followed him to my house. Instead of passing by my house the guy stop then backed up and stopped at my driveway, so my son grabbed a short pipe and walked towards him and the guy took off. Now the way I see it he was protecting himself and his wife to whom is pregnant. The guy called the law and stated that my son tried to beat him with the pipe (which he did not) but the cops arrested him anyways.My question is can he be bonded out? and why did he get arrested when he was defending himself and his wife?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Legal-Kal replied 1 year ago.

Good afternoon:

My name is ***** ***** I would be happy to provide general information regarding your question. First, I am sorry to hear of the situation your son is in as a result of this incident.

Regarding your first question as to whether or not he can be bonded out, the answer is generally yes, but there are a few things that need to occur first. Generally when someone is arrested, they must be booked and processed by the arresting agency. After an arrest, an individual generally must be brought before a judge or magistrate within 24 hours (barring any court holidays or weekends, which delays the time).

It is at this first appearance before a judge or magistrate where bond is set by the Court. It is only at this point can the individual be bonded out and at no time beforehand. When determining what the appropriate bond should be, a Court will consider several factors including: the seriousness of the charges, the person's prior criminal history, the risk of harm to the public should the individual be free on bond and whether or not the individual poses a risk of flight.

However, as mentioned before, bond cannot, under the law, be issued unless and until the individual is brought before a judge to consider the factors listed above.

Do you have any questions based on your bond question before I move onto your next question?

Customer: replied 1 year ago.
Expert:  Legal-Kal replied 1 year ago.

Great. As to your second question of why was he arrested when he was only defending himself, this is a question that many people ask when they are arrested for similar defense of themselves or others. To the police, their only job is to round up anyone they "think" committed a criminal offense and close their file. They then turn the matter over to the state's attorney's office and to the criminal justice system.

To the police, any claim of self-defense is not of their concerns (as unfortunate as that may be and sound, it is the reality of the current state of law enforcement today). Any issues of whether or not someone was defending themselves or others is a matter for the courts to determine, because of the highly fact-intensive nature of self-defense claims.

For one to successfully allege self-defense, they must show that they were placed in a reasonable apprehension of an imminent harm. Factors that go to that determination include: what actions the construction guy undertook, what he said, how close did they get to one another, etc. These facts are, according to police, only for either a judge or a jury to decide. Law enforcement generally just want to close a "case" or file as soon as possible, which is done by an arrest. They want to leave the hard work for judges and juries (i.e., determine if the individual claiming defense is allowed to by law). And, because self-defense is a legal question, an area that law enforcement do not have experience with, they tend to leave those decisions to those who indeed do have experience in the area (judges and attorneys).

So, as unfortunate as it may be, what law enforcement did in this situation is very common across the country. A determination of whether one was lawfully in defense of himself or others are almost always left to the discretion of a judge or jury during the course of a trial.

I hope this has helped. Please let me know if you have any follow up questions based on what I have provided or need clarification on any point. I would be happy to discuss further.

If not, please remember that experts here are not employees of JustAnswer and do not get credited until an individual clicks ACCEPT and rates the experts assistance. Your cooperation in this regard would be greatly appreciated.

Expert:  Legal-Kal replied 1 year ago.

Good evening:

I see you have read my response to your question.

I hope I have been of assistance providing accurate information.

Please remember that experts here assist individuals for a living and not as a hobby. Experts are not credited until a customer clicks ACCEPT and rates the assistance provided.

Thank you.