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  1. #1

    Default Domestic Violence and Witness Tampering - Double Jeopardy?

    My question involves criminal law for the state of: Florida

    I've been charged with domestic violence and tampering with victim on the same case. I do not believe I fit the statute for DV as we never lived together, I am not on the birth certificate of the child and she denies knowing who the father is and we were never married. My question is if I wait until I am in jeopardy and submit these facts, would the charge of DV be thrown out leaving only the tampering charge? Or is the exsistance of the two charges together make it impossible to use this strategy?

    I was charged at first with simple DV Battery, then 7 days later also charged on the same incident with Felony DV Battery. Three different police reports over 7 days escalating in the violence. The simple battery was dropped, no info. I am to respond to a possible plea deal tomorrow. My ex isa very vindictive woman and her new boyfriend has a cop in his family that has been helping her get as much as pssible against me. Any help here please, thanks.

  2. #2
    Join Date
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    Default Re: Domestic Violence and Witness Tampering - Double Jeopardy?

    You should discuss your trial strategy with your criminal defense lawyer.

    Witness tampering is a separate, subsequent offense. You can be charged with both domestic violence and with tampering with witnesses for the prosecution in that domestic violence case.

    The prosecutor has upped the charge from a misdemeanor to a felony. Even if you manage to convince the court that the domestic violence statute is inapplicable, you can expect that the prosecutor will continue to charge the battery (just as a non-DV case), and presumably to look for an applicable felony statute.

  3. #3
    Join Date
    Nov 2007
    Posts
    1,419

    Default Re: Domestic Violence and Witness Tampering - Double Jeopardy?

    Work with your lawyer and see if it can be reduced to misdeamanor assualt with out the dv conviction,those are nasty to have. Even getting the dv adjucated is still bad if they offer that. It's probably gonna be hard to drop all the charges.

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