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  1. #1
    Join Date
    May 2010
    Posts
    1

    Default The Right Thing to Do vs. the Convenient Thing to Do

    My question involves criminal law for the state of: Florida.

    Earlier in the month, I was attending a scientific conference in Florida. I am a scientist, New York resident. While at the conference, me and my colleague were eating at a restaurant, late at night. To make a long story short, some guys in the restaurant wanted to start a fight with us - unprovoked. We left, but they came after us. We ran, but they came after us with a car. In the ensuing - one-sided - fight, they attempted to kick me in the head, but managed to break my arm. My colleague was punched in the face. This is exactly what happened, and we called the cops, but there are no witnesses. It was rather late at night.

    I have never been in a fight before or involved with the police before, so I do not know what to do.

    The cops didn't catch the guys, and - thus far - have not done anything/started the investigation.

    However, they have asked me - 4 times now - if I want to raise/bring/press/pursue charges or if I would rather want to drop them.

    I have the distinct feeling that the police does not want me to pursue this.

    I was advised - by the police - that if I continue to pursue charges, that there will likely be a trial in the future, that I will have to get a lawyer to counter their lawyer, that I will have to fly down for the trial, and that given how vindictive these guys seemed in the past, will most likely stalk me in the future. Also, that - given the nature of the crime (fracture, no permanent injuries, no weapons), they might get off with a slap on the wrist. I was also advised that if I choose to drop the charges, there will be no investigation (no victim, no crime).

    All in all, they made it sound like more trouble than it is worth. I have never dealt with anything like this, so I have no idea.

    Now, the right thing to do seems to uphold the charges and ask the police to start the investigation. The convenient thing to do would of course be to drop it and quit while I only have a broken arm (without a violent and vindictive stalker out to get me), and to move on.

    What is the appropriate thing to do?

    Also,
    a) Is it true that the attackers will learn my name if I continue the charges?
    b) That there likely will be a trial?
    c) That I will need to get a lawyer of my own?
    d) How likely is a stalking situation?
    e) That they will likely get off without a problem, trial or not?
    f) If I drop the charges, will the incident still show up in crime statistics?
    g) I'm confused about the time-line. Should they be asking me about dropping charges before the investigation has even started?
    h) Is there anything else I should be aware of?

    Much obliged.

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    64,961

    Default Re: The Right Thing to Do vs. the Convenient Thing to Do

    I suggest skipping past the police department and talking to the prosecuting attorney's office. You do not need a lawyer to be a complaining witness in a criminal trial. The odds that these guys will stalk you in New York when they're in Florida seem to be very small. I'm not going to speculate on charges or dispositions, as I know nothing about the offenders' criminal records.

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