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Failure to release after 40 days with no charges

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  • Sarel 100
    Junior Member
    • Jan 2019
    • 3
    • Germany

    Failure to release after 40 days with no charges

    Florida

    my (somewhat distant) relative in the US was arrested in June 2018 and was supposed to be released because charges were not filed within 40 days and released on his own recognise on his vop at his court date 08/09/18 but was not released until 08/11/18 after many phone calls to clerk of court, judge, etc. What do you consider this to be? False imprisonment perhaps? And would you say that he has a case against the courts or county
  • AFFA
    Top Level Member
    ☆☆☆☆☆☆☆☆☆☆☆☆
    • Dec 2009
    • 23890

    #2
    Re: Failure to release after 40 days with no charges

    I wish to inform you that State laws may determine right to compensation by the person who was wrongly arrested. In this regard in Florida under FL ST 961.01 your relative may claim compensation for wrongful imprisonment.

    AFF

    Comment

    • Lexus
      Top Level Member
      ☆☆☆☆☆☆☆☆☆☆☆
      • Sep 2010
      • 9890
      • United States

      #3
      Re: Failure to release after 40 days with no charges

      A person could not file a case against the Court, but can approach the court for compensation for unlawful arrest, but before that you should consult with an expert lawyer to get information regarding the arrest and detention and the reason for not releasing on time.

      Comment

      • Unregistered

        #4
        Re: Failure to release after 40 days with no charges

        Two days isn't really a terrible injustice.
        Not correct I understand but not catastrophic.
        What damages?

        Comment

        • Highwayman
          Top Level Member
          ☆☆☆☆☆☆☆☆
          • Sep 2014
          • 1835

          #5
          Re: Failure to release after 40 days with no charges

          Originally posted by Sarel 100
          Florida

          my (somewhat distant) relative in the US was arrested in June 2018 and was supposed to be released because charges were not filed within 40 days and released on his own recognise on his vop at his court date 08/09/18 but was not released until 08/11/18 after many phone calls to clerk of court, judge, etc. What do you consider this to be? False imprisonment perhaps? And would you say that he has a case against the courts or county
          It's none of your business. Your distant relative should be discussing it with his attyorney.

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