Callahan, FL Criminal Defense Law Firms & Lawyers

Yes, you could be arrested and charged.  If you are arrested, the allegations by your manager that led to your arrest will be reviewed by a judge at your First Appearance Hearing (a hearing held normally within 24-48 hours following you arrest if you have not bonded out before then).  A First Appearance Hearing is solely for the judge to determine whether the allegations constitute a crime.  (NOTE:  the judge will not decide at that hearing whether the crime actually occurred or whether you are guilty-- so nothing you say can help you -- and very likely could hurt you.  So I advise my clients to remain silent with regard to the alleged facts when they go to a First Appearance Hearing.)    If the judge, at the First Appearance Hearing, determines that the allegations, if true, would constitute a crime, then the judge decides whether to release you -- and under what conditions (including possible monetary conditions).  The judge also will inquire as to whether you want an attorney and, if you want an attorney but are unable to afford to hire one, appoint one to represent you.  If the judge decides you can have sufficient funds or income to hire your own attorney, he will not appoint an attorney to represent you.   The next hearing (or the first court hearing if you bond out before a First Appearance Hearing) is an arraignment.  By that court hearing, a prosecutor is expected to have reviewed the alleged facts of the case and made a decision of whether to proceed with filing formal charges.  If the State Attorney decides to proceed with formal charges, the judge, at arraignment, will tell you what the charges are -- and the maximum sentence you could receive on each charge.  In my opinion, you should have an attorney representing you by that point.  But if you have not been able to afford to hire one, you should ask the judge at that hearing to appoint an attorney to represent you.  At the arraignment, you will be asked to enter a plea (options are:  not guilty, guilty, or no contest).  It is possible the state will make an offer to you at the arraignment.  If you take the offer, you (most likely) will be sentenced then.  If you plead either guilty or no contest, you have given up any right to present you version of what happened.  If you're wondering when you get to give your version of the facts in court, it is only at trial.  (That's assuming you get that far.)  By the way, I urge you to exercise your legal right to remain silent and not to talk to anyone (including friends or law enforcement) other than your attorney about what happened.      

You want to know if you can file a suit. I do not know enough of the facts to answer your question. The best thing to do is to have a full discussion with an attorney who handles these types of cases. From what you have written here, you did not describe the abuse clearly enough to conclude that you have a case, but I am sure that there is much more that you did not write about.

Different jails operate differently -- depending on which sheriff's office operates the jail.  You should call the jail (or Sheriff's Office that operates that particular jail) and inquire about the procedure for setting an appointment to see your son.  (Most likely, it will be a "no physical contact" meeting -- but you should be able to talk to him.  Your conversation may be recorded -- so you should not let your son say anything about the facts or circumstances of why he was arrested.  However, if you want to do something sooner, I suggest you call the Clerk of Court in the county where your son is in jail.  Ask for the criminal division.  Someone there can tell you whether an attorney already has been appointed to represent your son.  The Florida Rules of Court require the judge to ask your son at each stage of the case whether he has an attorney.  If he doesn't have one, the judge will ask if he wants one.  If he does, the judge will determine whether he has sufficient income or assets to hire one.  If he doesn't have sufficient income or assets, the judge will find he is "indigent" and appoint an attorney to represent him.  So it is very possible that your son already has an attorney.  Again, you can call the Clerk of Court for the county where your son is in jail -- and ask whether an attorney has been appointed to represent him.  If he doesn't have one, you can inquire as to why one wasn't appointed.  If you have reason to believe it's because he didn't know how to respond when the judge ask him about an attorney, you can let the Clerk of Court personnel know that he has a mental issue and may not have understood what the judge was asking.  This, of course, is assuming your son's mental issue is one that interferes with his understanding of what is said to him.