rotterdam
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BBM: I realize that SYG immunity has a provision whereby the defendant recoups his expenses and acquires immunity for civil damages.
But in the case of an acquittal or appellate victory, I believe the defendant still has to pay his own expenses unless (a) he has been previously declared indigent, and/or (b) he can prove he was falsely arrested and prosecuted (usually a difficult thing to prove, since a judge has already found probable cause for his arrest).
Likewise, defendants who are acquitted (but not granted SYG immunity) may still be sued for civil damages.
Do you know of a Florida law that says otherwise?
Tks. That is the same way my non legal mind read the self defense Statutes including that unusual SYG with criminal/civil immunity provision. Also you can not submit a motion for SYG for a closed case IMO. It has to be done sometime during an active case but can be invoked at any time during the lifetime of the case. It is very confusing. Based on that ,I would think that MOM eventually will file for SYG if he has the best interest of his client in mind.
In the mean time, the case can be milked for all it is worth and possibly eventually all on the State's dime.
All IMO.