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Assault, Battery And Domestic Violence Legal issues involved in assault and battery, and domestic violence prosecutions.

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Old 06-27-2008, 04:36 PM
notthatkindofgirl notthatkindofgirl is offline
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Post Florida Misdemeanor Domestic Violence
Hello, I really need to have an idea of what to expect when I go to court. I'm well aware that the Judge is the only one who will have the final say, but I really need honest opinions.

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

Ive never had trouble with the law besides a few tickets, but who hasn't? I know its best not to give details, so I'll just some everything up.

I got into an argument with my boyfriend and words were exchanged on both parts. He was 'egging' me on and i obviously became quite frustrated. I advised him it was best to leave but he refused. After a few moments i began getting his clothes together and he was in my face. I was so upset i put my hand on him and told him to get out, he then grabbed my hand and tried to move me away to leave but stupidly I kept pushing him. EVEN MORE STUPIDLY, I went outside and damaged his truck.

Needless to say im quite shocked i took it to that level. There was no need to, but we all have to admit that when you get that upset and when you have been biting your tongue for so long you are capable of messing up. I was the one who called the police. I recognized what I did was wrong and wanted to at least try to make it better. He didn't want to involve the police, and he was leaving. The police spoke to both heard both sides which were the exact truth and no one switched anything up. He did not and does not want to press charges because honestly, as the screen name reads, im not that type of person. I have allot of positive plans for the future and I would like the opportunity to make them happen.

Obviously i was arrested, and now have court in about a month. I'm very worried about what will happen, even though he has not pressed charges is it likely the state will? Like i said, Ive never had trouble with the law. Having this Domestic charge on my record is a huge concern. Ive spoken to my bondsman, one of the best out there, and he explained that the case will be dropped and I have nothing to worry about. I'm not so sure of that though. He told me that the State of Florida can not be bothered to pursue it if the 'victim' does not feel the need to. He advised me to have him file paperwork at the State Attorney's Office stating that he definitely has no plans of pressing charges and also to write a letter basically saying that this was greatly out of my character. This might look better on my part and I may not even have to go to court at all if i receive a letter stating so. He also told me to keep in mind that this would stay on my record for six months. When i heard this I felt so relieved. How likely is that? Does the Judge really take in consideration that I've never been in trouble before? Does he also take in consideration that he does not want to press charges? I'm in desperate need of some input and I would greatly appreciate it if I could get some responses.

Oh and also, the state attorney will receive my case within seven to ten days . I was told that he could not fill out paperwork until then. If accepted, I should receive a letter in the mail within ten to fifteen days stating that the case has been dropped. Problem is he has plans on going out of state within the next week and it isn't known when he will return. Should I even bother? I really want the state attorney to know before I'm seen in court. If he does leave prior to them receiving the case could he notarize it and submit it?

I apologize for the lengthy post, but I wanted to include the important bits...
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Old 06-27-2008, 04:48 PM
cyjeff cyjeff is online now
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Default Re: Florida: Misdemeanor Domestic
You need to listen to your attorney rather than your bondsman.

the overwhelming number of domestic violence victims recant their testimony prior to trial.

Therefore, DA's have a hard time believing them... especially when there is an abundance of evidence.
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Old 06-27-2008, 04:49 PM
coldfeet coldfeet is offline
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Default Re: Florida: Misdemeanor Domestic
Get a copy of the police report and a Lawyer ASAP, even before the arraignment. Check your states BAR website search for a criminal specialist (NOT a civil, family lawyer and so on). One that is certified as a criminal specialist.

At least get a free consultation, before you see the lawyer get a copy of the police report. If you can get a lawyer soon enough the lawyer (he/she) maybe able to present evidence to the intake DA or the DA could decide to investigate further which could be favorable if no one was injured.

This has to be done before arraignment; you may be able to push out the arraignment date by going to the court clerk and rescheduling the arraignment. To allow more time to speak to a lawyer. But if you have a month before arraignment that plenty of time.

Get a Lawyer that Specializes In Criminal Law.

"He advised me to have him file paperwork at the State Attorney's Office stating that he definitely has no plans of pressing charges and also to write a letter basically saying that this was greatly out of my character."

Good Idea, Just make sure its carefully worded. No more then two pages hand written would be the best.

Last edited by coldfeet; 06-27-2008 at 04:58 PM.
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Old 06-27-2008, 10:32 PM
notthatkindofgirl notthatkindofgirl is offline
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Default Re: Florida Misdemeanor Domestic Violence
Thank you for your responses, i appreciate the input. Problem is that i cannot afford to get an attorney! This is yet another obstacle in my way. I'm just praying that I can be given the chance to prove that this will never happen again and that all I want is to be able to find a job again and move forward.

***Also as for the evidence being the police report and his statement does it not count for anything that he is refusing to press any charges?

Last edited by notthatkindofgirl; 06-27-2008 at 10:36 PM.
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Old 06-28-2008, 01:08 AM
aardvarc aardvarc is offline
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Default Re: Florida Misdemeanor Domestic Violence
Individuals don't bring charges - individuals make statements that are documented by police and the DA decides whether or not to bring formal charges based on those reports. Especially in domestic violence cases, more than just about ANY other, the victim plays the role of the witness and the "burden" of pressing charges has been removed (since some 85% - 90% recant or won't press charges and prosecutors would rather try a misdemeanor case NOW rather than a homicide case later).
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Old 06-28-2008, 01:15 AM
coldfeet coldfeet is offline
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Default Re: Florida Misdemeanor Domestic Violence
A course, the DA is extremely busy and just pray there to busy for you.
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