Minneola, FL Criminal Defense Law Firms & Lawyers

Are there any other pending charges or another reason he is being held? Is ge a U.S. Citizen (if not, there may be an immigration hold). Generally speaking once the charge is dismissed, he should not be cleared for release (processing can take several hours), unless there is a seperate reason why he is being held.

I cannot advise you or your girlfriend as to what you should do.  However, here is some general information that may be useful: Generally, in Florida, unless a person is served with a subpoena that orders him/her to appear at a specified location at a set time, to testify or provide information, there is no requirement that you do so.  Even if the person is served with a subpoena, he/she may have to appear (or move to quash the subpoena), but not be required to provide information or answer questions if the person invokes his/her 5th Amendment right to not incriminate him/herself.  However, the state may offer a degree or level of immunity if the person testifies or answers questions.  There are two different kinds/levels of immunity ("use" and "transactionsl") that can be granted by the state.  Normally, it is best to discuss this with an attorney ahead of time -- so a person knows whether or not it is applicable, when and how to ask for it, and to what extent it provides protection. Law enforcement, in the absence of a subpoena, cannot arrest a person for failing to come to the station to provide information in an investigation.  Law enforcement may arrest a person if it has probable cause to believe the person is committing or has committed a crime -- or the court has issued an arrest warrant for the person (for any number of reasons -- but not for failing to appear voluntarily at a police station to provide information pertaining to an investigation).   If a person is taken into custody and/or arrested, then the person has the "right to remain silent."  Anything the person says can (and almost assuredly will) be used against the person.  So, absent a subpoena, it is normally up to the individual to decide whether to answer questions and/or provide information in an investigation.  There are some limited circumstances when a person, to avoid arrest, may have to answer basic preliminary questions -- usually pertaining to possible "loitering and prowling" situations -- such as the person's name and what he/she is doing in a certain location under suspicious circumstances. 

You got it all wrong. It is a scam. It is in your name to make it easier for the police to find you. A few days after you forward the $ 1000, you are going to find out that the check is not good and be out $ 1000. Don't believe me? Cash the check. Then retain an attorney.