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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 04-06-2009, 11:02 AM
christian479 christian479 is offline
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Post Dropping Charges
Hello,

I live in the state of Florida and I would like to know approximately how long it will take for the charges to be dropped in the state of Florida. I was charged with the following

1. Battery Domestic Violence

2. Tampering with witness to hinder communication to LEO

This was all a misunderstanding and my girlfriend already tool a domestic violence class that is mandatory if you do not want to prosecute. But someone told me there is a possibility the state will prosecute either way.

However, if they decide to prosecute do you know approximately how long it will the whole court process take.

Also, one more question: Will the charges appear on record (for example: Background Check) after they have been dropped or will they not show up at all.

Thank you in advance.
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Old 04-06-2009, 03:22 PM
aardvarc aardvarc is offline
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Default Re: Dropping Charges
Yes, once a potential crime has been reported, the state (prosecutor's office acting FOR the state) can still pursue the criminal charges, even if the victim doesn't want to prosecute. It will depend on how they evaluate the strength of their case. If they do decide to, how long will depend on if you plead guilty or not, how long your attorney requests to prep, and many other factors - usually a couple of months would be relatively fast - 5-6 months being average for an easy case to run from beginning to end (including the delay before sentencing).

Yes, the arrest will continue to show up on background checks/criminal records. Depending on how the case resolves (plea, convistion, adjudication or withheld adjudication, etc.), expungement may or many not be possible (for example, pleading no contest to various levels of assault, battery, or domestic violence makes those ineligible).
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