Discrepency in arrest and judgment paperwork

[Kbenites]

What is the name of your state? Florida

My family member was setenced to a 364 for a misdemeanor battery. The judgment filed with the courts states misdemeanor battery. However his arrest affidavit (he was arrested after his trial) shows that he was arrested for felony sexual battery. He was told that because the charges dont match that he could be released. The arrest affidavit also states his information incorrectly (race, age, weight, etc...), although I dont know if that matters. My question is, can he in fact be released because of the charges on the paperwork not matching

 

[Zigner]

What is the name of your state? Florida

My family member was setenced to a 364 for a misdemeanor battery. The judgment filed with the courts states misdemeanor battery. However his arrest affidavit (he was arrested after his trial) shows that he was arrested for felony sexual battery. He was told that because the charges dont match that he could be released. The arrest affidavit also states his information incorrectly (race, age, weight, etc...), although I dont know if that matters. My question is, can he in fact be released because of the charges on the paperwork not matching

That would be a great thing for your family member to ask his attorney.

 

[quincy]

What is the name of your state? Florida

My family member was setenced to a 364 for a misdemeanor battery. The judgment filed with the courts states misdemeanor battery. However his arrest affidavit (he was arrested after his trial) shows that he was arrested for felony sexual battery. He was told that because the charges dont match that he could be released. The arrest affidavit also states his information incorrectly (race, age, weight, etc...), although I dont know if that matters. My question is, can he in fact be released because of the charges on the paperwork not matching

Can he be released? Possibly.

His attorney would be able to answer the question with greater certainty.

 

[Zigner]

The problem I see is that the guy was already sentenced. It's entirely possible that the charge was modified at some point, whether by a plea agreement, or simply because the prosecutor felt that this was the charge that could be sustained.

 

[quincy]

The problem I see is that the guy was already sentenced. It's entirely possible that the charge was modified at some point, whether by a plea agreement, or simply because the prosecutor felt that this was the charge that could be sustained.

It sounds like he was arrested by mistake. None of the information matches.

 

[HighwayMan]

...he was arrested after his trial...

Huh? For additional charges? Otherwise that makes no sense.

 

[Zigner]

Perhaps the guy was given a notice to appear and then taken in to custody upon sentencing?

In any case - the guy's going to need an attorney.

 

[quincy]

Huh? For additional charges? Otherwise that makes no sense.

It appears it is a new arrest for a different charge - but the police arrested the wrong person (different race, weight, age).