How long can a person be detained by Florida authorities if there is no real evidence (probable cause) for the arrest?

When you are arrested in Florida without probable cause the authorities may hold you for only 48 hours. Within this period you must be given a hearing to determine probable cause and if none can be found, the charges are dismissed.

This hearing is known as a preliminary hearing and is the first step toward resolution when you are arrested in Florida. Before this hearing, you have the right to speak with a Miami criminal defense attorney to help fight your charges. The preliminary hearing must conclude that there was probable cause for your arrest for the authorities to hold you for longer than the 48 hour limit.

If the time to a hearing is longer than 48 hours the police must prove reasonableness within that time. If the arresting officer cannot prove probable cause for your arrest and there is no other evidence or witnesses to support that you committed an offense, you may be released.

Remember that you have the right to an attorney once you have been arrested in Florida. Your attorney can provide valuable assistance in understanding your criminal charges as well as how to fight the charges against you. Your future and reputation may be at stake if you do not have adequate legal support when you are arrested in Florida.

Florida criminal defense cases are taken very seriously. Don’t leave your future solely in the hands of the court. The Miami criminal defense attorneys at Falk & Ross Law Firm know the importance of a solid defense in your case and we will fight for your rights every step of the way. Contact us today – 1-877-663-5110.

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