3 ms·

It might not be legal. Has it been challenged in court yet?

• qingcharles 2y ago
  Yes, many, many times. It has always been ruled legal by the higher courts. Even for pre-trial detainees who never even go to trial and who have been falsely accused.
  • criddell 2y ago
    I looked for some cases in Florida but couldn't find any but I really don't know how to properly search for stuff like this. Any suggestions?
    • ClarityJones 2y ago
      Fla. Stat. § 939.06(1) "A defendant in a criminal prosecution who is acquitted or discharged is not liable for any costs or fees of the court or any ministerial office, or for any charge of subsistence while detained in custody." Edit: You can search scholar.google.com for "939.06" and find cases such as: Starkes v. State, 292 So.3d 826 (2020) wherein the 1st DCA issued a writ of mandamus commanding the trial court to certify the defendant's costs (so that they may be reimbursed).
  • _DeadFred_ 2y ago
    And in the rare cases when someone wins they court will do an 'as applied' ruling, meaning only for this specific case and unable to be used as precedent in any other cases.
    • qingcharles 2y ago
      They're doing this with alarming regularity in the last decade. This used to be rarely used, but is now almost the norm.