Miami prosecutors to decide Newton's fate

Troubled Australian actor Matthew Newton will endure a nervous wait as Miami prosecutors decide if they will pursue charges against him.

The Miami-Dade State Attorney's Office has labelled Newton's arrest last week at popular Miami watering hole Mr Moe's Restaurant and Bar as "an ongoing criminal case" and is evaluating the evidence.

Police charged Newton with misdemeanour resisting arrest and trespassing.

"Evaluating all the evidence and testimony is what happens in every criminal case in Miami-Dade County, felonies and misdemeanours," Ed Griffith, spokesman for the Miami-Dade State Attorney's Office, told AAP.

"Appropriate charging decisions always depend on what the evidence and the testimony reveal."

Recent media reports claimed the case against Newton was in doubt after the security guards who evicted Newton in the early hours of last Friday morning went missing.

Surveillance cameras did not reportedly capture Newton at the bar.

Mr Griffith declined to comment on the reports.

"Since this is an ongoing criminal case, it would be improper to discuss the matter further," he said.

Newton's Australian lawyer, Chris Murphy, told a Sydney court earlier in the week the 35-year-old actor could be suicidal and was receiving psychiatric treatment in the US.

Newton is accused of punching a taxi driver in Sydney.

In 2007 Newton pleaded guilty to assaulting actress and former girlfriend Brooke Satchwell and in 2010 another former girlfriend, Transformers actress Rachael Taylor, accused him of assaulting her on a 2010 Italian vacation.

Image: Getty Images