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HOLLYWOOD (CBSMiami) – A 24-year-old man accused of child neglect, and then brought back to jail for allegedly driving drunk, may not be getting out of jail as quickly as he thought.

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Nelson Osceola, who was arrested in March on child neglect charges in connection with the death of his son, Ahziya Osceola, was free on bond but was brought back to jail on drunk driving charges.

Osceola was set to walk out of jail after being arrested again—but a new charge has put his release in limbo.

Prosecutors upgraded Osceola’s previous charge of child neglect to child neglect with great bodily harm – and added charge that had him back before a judge on Friday. They say the new charge is the result of a paperwork glitch and it should have been filed sooner.

According to police, in March, Osceola’s son’s bruised body was found stuffed in trash bags, crammed in a box in the home he shared with his wife and other family members.

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Osceola’s wife, the 3-year-old’s stepmother, Analiz Osceola Rodenzo is charged with aggravated manslaughter and remains in jail.

Osceola’s lawyer, Hilliard Moldoff, said Friday that his client is still dealing with the emotional turmoil over the death of his son.

“In his best interest right now to get healthy, probably see some type of mental health counseling because that’s one of the most important things that most people miss these days and just get himself in a place where he can hopefully recover and get back custody of his remaining child,” said Moldoff.

Moldoff said Osceola has been struggling with the reality that his son is dead.

“So to say that he was intoxicated doesn’t surprise me in the least and he was on the reservation which unfortunately, maybe, he feels more secure in,” Moldoff said.

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As a condition of his release on bond Friday, Osceola will have to wear an ankle monitor and won’t be allowed to drink alcohol. A violation of these terms could land him back in jail.