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PhillipsEsq, Attorney-at-Law
Category: Criminal Law
Satisfied Customers: 19141
Experience:  B.A.; M.B.A.; J.D.
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Rodney ****** was arrested and charged w 1 lb of meth a gun

Customer Question

Rodney ****** was arrested and charged w 1 lb of meth a gun some pills weed. And is being held at calhoun fl jail. He has a past of charges.
Submitted: 11 months ago.
Category: Criminal Law
Expert:  Nisha Jones, Esq. replied 11 months ago.

Good night, I am a Criminal Defense attorney and former Prosecutor for the State Attorney's Office. I'll be helping answer your questions. Please note I can answer your questions for informational purposes only, as we do not currently have an attorney-client relationship.

So that I can better assist you, can you let me know what exactly you'd like to know?

Customer: replied 11 months ago.
can I get him out of this he has no bond due to high risk to society
Expert:  Nisha Jones, Esq. replied 11 months ago.

When was he arrested? He has the right to go before a judge within 24 hours of an arrest to be assigned a bond.

Based on the charges you listed those are all offenses for which bonds should be given.

Customer: replied 11 months ago.
what can idid you get him a court date for a bond
Expert:  Nisha Jones, Esq. replied 11 months ago.

He should automatically be taken to a judge within 24 hours of arrest to be given a bond. It's not something you usually set a court date for, it happens automatically.

If they have denied him this right, then I would suggest hiring a criminal defense attorney to start advocating on his behalf. A motion needs to be filed called a "Writ of Habeas Corpus" which orders the court to bring him in and address the issue.

Expert:  Nisha Jones, Esq. replied 11 months ago.

In Florida there are some non-bondable crimes, these include:

1) Armed kidnapping

2) Armed robbery

3) 1st or 2nd Degree murder

4) Burglary with an assault or battery

5) Armed sexual battery

6) Armed burglary

7) Armed trafficking

8) Lewd or lascivious battery on a child under 12

In those types of cases, no bonds are issued, and instead a criminal defense attorney needs to file a motion requesting an Arthur hearing. During that hearing a few things are done to determine whether a bond will be issued, including the State providing some of the evidence they have against the accused.

Simply have drugs and a gun in your possession, does not make it a non-bondable offense. If however, he is being charged with one of the crimes I listed above, then he will need a defense lawyer to request an Arthur hearing.

I hope I was able to help address all of your concerns. Please let me know if you have any more questions.

Please take a moment to rate my answer using the stars, as this is the only way experts are compensated for their time on the website. You can still continue to ask questions and receive my answers for free even after you've rated me. Thank you.

Customer: replied 11 months ago.
if they have failed on the right to give him a*****hearing could that be cause to let the case go
Expert:  PhillipsEsq replied 11 months ago.

A different Professional here.

The previous Attorney provided you with excellent information.

Your follow-up question:

if they have failed on the right to give him a*****hearing could that be cause to let the case go

Response: No. Regrettably, he cannot be released simply because the State failed to hold the hearing within 24 hours of his arrest.

You would need to retain a criminal defense Attorney to handle his defense or ask the State to appoint one for him.

I am sorry that I do not have better news for you.

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