His latest charge is attempted sexual battery at the Stayable Suites along Orange Blossom Trail. Investigators said that’s where he tried to rape an 18-year-old in her hotel room on Monday.

Howard was released from jail a week ago after he spent 33 days in jail for a carjacking but was released because the Orange County State Attorney failed to file formal charges in the case.

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With Howard having a lengthy criminal record, Channel 9 asked attorney Corey Cohen how often does the state attorney’s office choose not to prosecute a case.

“In a case like this, it’s unusual the state doesn’t file charges within 33 days because of the violent nature, because of how serious it is,” Cohen said.

By law, if the State Attorney doesn’t file charges 30 days after an arrest, that person is entitled to be released.

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Cohen said there could be a laundry list of reasons why charges weren’t filed in time.

He said the case isn’t dismissed yet. The state has six months to file charges a couple weeks or months later.

And the prosecutor in this case, with good reason, could have asked for an additional week to file charges.

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“There must have been something here where they just don’t have what they’re looking for to charge the guy,” Cohen said.

Channel 9 reached out to the state attorney’s office for comment on this case, and they said they’re looking into it.

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