arrest question

[clarkbar]

I live in notheast Florida. My husband was recently arrested while walking home in the wee hours for possessing a suspended license. We had literally just gotten his license back after a year suspension and paying fines. A week later they notified him that his license would be suspended again for points for a month and he needed to go to classes. He was preparing to do that and I guess he figured he didn't have to hand in his license. We're not concerned about that - he realizes now that he should have handed it in. What we are concerned about is that he had a countefeit $20 on him that they found in a search. He had found that on his walk home in front of a cab company. When i went to bond him out, the information on the bond sheet said nothing about the money and only that he was arrested for possession of a suspended license. Our question is this: Can the money come back to haunt him even though he wasn't arrested for having it? Is there a way they can prove criminal intent even though he had just found it? Do we need to get a copy of his arrest record to see if the money is mentioned?

Thanks

 

[CdwJava]

I live in notheast Florida. My husband was recently arrested while walking home in the wee hours for possessing a suspended license.

He was NOT arrested for walking with a suspended license.

Why was he contacted and what was he really charged with?

What we are concerned about is that he had a countefeit $20 on him that they found in a search. He had found that on his walk home in front of a cab company.

Well, I'm not there and even *I* don't believe that story. Neither will the police.

The odds of finding ANY money on the ground is slim enough ... but the odds of finding a counterfeit $20 bill is astronomical! Maybe he needs a lottery ticket!

It is not uncommon for people to be unaware and receive a counterfeit bill as change from a business, but to find it on the ground? That sounds as good as "My dog ate my homework", or, "These aren't my pants" (as the officer pulls dope from the pocket). Even if it is completely true, do not expect that anyone will buy it.

Our question is this: Can the money come back to haunt him even though he wasn't arrested for having it? Is there a way they can prove criminal intent even though he had just found it?

Yes, it can come back to haunt him. And they do not have to prove intent - only possession and the likelihood that he knew it was counterfeit.

Do we need to get a copy of his arrest record to see if the money is mentioned?

His attorney can get that - you probably cannot.

- Carl

 

[clarkbar]

Thank you

Thank you for your advice. I'll let him know.

 

[clarkbar]

reply

<<He was NOT arrested for walking with a suspended license.

Why was he contacted and what was he really charged with?>>

That is what I was told by the police officer. I imagine he was stopped for being out at the wee hours in a less than desirable neighborhood and when asked for ID he produced his license. The bond ticket I have says that he was arrested for possession of a suspended license.

<<It is not uncommon for people to be unaware and receive a counterfeit bill as change from a business, but to find it on the ground? That sounds as good as "My dog ate my homework", or, "These aren't my pants" (as the officer pulls dope from the pocket). Even if it is completely true, do not expect that anyone will buy it.>>

I realize that. I do know that he wasn't planning to use it as a counterfeit. I'll have him get a lawyer, or a public defender or whatever people with no money get.

thank you

 

[CdwJava]

That is what I was told by the police officer. I imagine he was stopped for being out at the wee hours in a less than desirable neighborhood and when asked for ID he produced his license. The bond ticket I have says that he was arrested for possession of a suspended license.

That is really bizarre. I can see that as being cause to seize the license, but not to arrest.

You wouldn't happen to have a statute number on the bond ticket, would you?

I realize that. I do know that he wasn't planning to use it as a counterfeit. I'll have him get a lawyer, or a public defender or whatever people with no money get.

He'll be given a public defender if he cannot afford an attorney.

Chances are they won't charge him with the counterfeit bill as he apparently made no attempt to pass it. So, unless he or his friends pop up with some funny money, he is not likely to be charged for that - it's too easy to raise reasonable doubt.

- Carl