[vdubelu]

My question involves criminal law for the state of: FL

Hello everyone,

I am writing here to help a good friend of mine that is in trouble.

He was drinking with his girlfriend and they got into an argument. His girlfriend was extremely intoxicated. My friend pickup up his video camera when she started throwing stuff at him. He has about an hour worth of video that shows her going crazy. She actually kicked out her car window.

A day later the police shows up at my friends house asking what had happened the night before. They arrest him for domestic violence even though he explains he has a video showing everything. Apparently his girlfriend had cut herself and went to the hospital. She claimed that my friend had caused the wounds and this is why they arrested him.

This is an obvious case of false domestic violence as the video shows everything completely opposite of what she states on the police report.

What is the best thing to do to get the charges dropped before trial? If this is even possible?

She filed a restraining order on him, should he file one for her or is it too late? It's been 3 weeks since the incident. He has court on the 26th of August.

Also, his girlfriend has had 3 prior domestic violence charges against her, but my friend has none, or any criminal record for that matter. Can this be brought up?

Thanks for everyone's help. My friend is just freaking, he has barely any money for a lawyer.

[LawResearcherMissy]

If your friend hasn't got enough money for a lawyer, he needs to look into a court appointed attorney.

Typically, you show up for court, plead not guilty and ask for a public defender.

Alternatively, he can contact the Florida Bar Association for a referral to an attorney who will work on a sliding scale or for a low fee.

[Litigator]

I recently had a case very similar to that. I had my client file a police report and the police reviewed the videotape and concluded it did not substantiate what the alleged dv victim had stated with respect to an incident occurring after she claimed my client committed a domestic battery against her. With that report, we approached the prosecutor and requested that the alleged dv victim be charged with filing a false police report. In the interim, an agreement was reached where the alleged dv victim requested that the prosecutor drop the domestic battery charge against my client and in return my client asked the prosecutor to not pursue the filing false police report against the alleged dv victim. The prosecutor complied with the wishes of both parties and nol prossed the charges. Additionally, the alleged dv victim agreed to drop her order of protection against my client in civil court.

The attorney can use the videotape as leverage on the dv case and also to attack her credibility if nothing else.

[vdubelu]

Thanks everyone for your replies. He has an appointment with a lawyer tomorrow. I will keep you posted on the outcome. Many of his friends got together and piched in to help him pay.

No need to send another innocent person to jail just because they have no money.