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  1. #1
    Join Date
    Sep 2012
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    2

    Default Going to Trial on a Domestic Battery Charge

    My question involves criminal law for the state of: FLORIDA

    I live in Marion County Florida and was falsely accused of battery on husband. We shared homestead while going through a very difficult divorce. Husb and brother are the witnesses who state that I pushed husband.

    We all had a couple of beers.

    My public defender states since there are two witnesses and that there was alcohol involved, that I should make plea of guilty. Public defender states brother is going to say that he has seen me drunk several times in the past and that would be considered in court as what he says would be "Common Knowledge"???? It can not be considered as "here-say." ???

    Public Defender also states that I can not bring up how he threatened me the day before, stating he was going to make sure that I would get nothing from the Divorce and also told me that it would be all over soon.

    We also had a Divorce conference with Divorce Judge the day before, where I made a motion for temporary support - my husband was upset about this. I am unemployed seeking work.

    I can not understand how this is "here-say" and can not be asked to husband on the stand, by public defender. I also can not understand how his brother, who he supports financially, can make a statement that is allowable, stating to jury that I have alcohol problem. (I believe that to be here-say).

    Jury selection this week. Then Trial.

    Also... I am wondering if any one knows how long from Jury Selection, Is the Trial set (in Marion County, FL Criminal Courts). ?

    I am trying to borrow money for consultation with a private attorney.

  2. #2
    Join Date
    Sep 2010
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    19,901

    Default Re: Domestic Battery Charge

    Quote Quoting MyboardQs
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    My public defender states since there are two witnesses and that there was alcohol involved, that I should make plea of guilty. Public defender states brother is going to say that he has seen me drunk several times in the past and that would be considered in court as what he says would be "Common Knowledge"???? It can not be considered as "here-say." ???
    Testifying that he has observed you drunk is not hearsay. "Common knowledge" isn't particularly relevant, but his testimony that you were drunk at the time you battered your husband is.
    Public Defender also states that I can not bring up how he threatened me the day before, stating he was going to make sure that I would get nothing from the Divorce and also told me that it would be all over soon.
    Being threatened with a divorce or whatever is not a defense against a battery charge. Being threatened with withdrawal of support or whatever isn't either. Anger is not a defense.
    It's not hearsay either, but it means nothing.

    You've not shown anything that's exculpatory. You appear, without being in threat of physical harm yourself, you struck your husband. There are witnesses, and even you seem to not deny committing the crime.

  3. #3
    Join Date
    Sep 2012
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    2

    Default Re: Domestic Battery Charge

    Quote Quoting flyingron
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    Testifying that he has observed you drunk is not hearsay. "Common knowledge" isn't particularly relevant, but his testimony that you were drunk at the time you battered your husband is.

    Being threatened with a divorce or whatever is not a defense against a battery charge. Being threatened with withdrawal of support or whatever isn't either. Anger is not a defense.
    It's not hearsay either, but it means nothing.

    You've not shown anything that's exculpatory. You appear, without being in threat of physical harm yourself, you struck your husband. There are witnesses, and even you seem to not deny committing the crime.
    No, I did not hit my husband. It is his attempt to keep me away from the home we own and to not have to sell for equitable distribution. He is a very angry man. His brother and he had lost their home in a Divorce between their parents when they were young. I believe that to be one of his reasons of anger. He can not deal with loosing anything.

  4. #4
    Join Date
    May 2011
    Location
    Illinois
    Posts
    1,376

    Default Re: Domestic Battery Charge

    What you have is speculation as to why he is doing this. What he has is a witness and allegded sobriety issues on your part. You can alway go against your lawyers advice and demand a trial.

  5. #5
    Join Date
    Sep 2005
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    98,846

    Default Re: Domestic Battery Charge

    Quote Quoting MyboardQs
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    Public defender states brother is going to say that he has seen me drunk several times in the past and that would be considered in court as what he says would be "Common Knowledge"???? It can not be considered as "here-say." ???
    I'm not sure why your past drunkenness is relevant, unless you are attempting to argue that you were sober in which case it would presumably be to substantiate the claim that your brother-in-law knows how you act when you're sober and when you're drunk due to his past experiences with you. I expect that the "common knowledge" aspect refers to the fact that adults have a pretty good sense of when other people are drunk based upon a common knowledge assessment of how people behave when they're intoxicated. It's not hearsay; I'm not sure where you're trying to do with that ideal.
    Quote Quoting MyboardQs
    Public Defender also states that I can not bring up how he threatened me the day before, stating he was going to make sure that I would get nothing from the Divorce and also told me that it would be all over soon.
    How is that relevant?
    Quote Quoting MyboardQs
    I can not understand how this is "here-say" and can not be asked to husband on the stand, by public defender.
    How all of what is hearsay?
    Quote Quoting MyboardQs
    I also can not understand how his brother, who he supports financially, can make a statement that is allowable, stating to jury that I have alcohol problem.
    His brother's assessment that you might "have an alcohol problem", to me, seems objectionable. It's not relevant to whether or not you pushed your husband and, while "She's drunk a lot" can be an observation, "I think she has an alcohol problem" verges on a diagnosis.
    Quote Quoting MyboardQs
    (I believe that to be here-say).
    And you would be wrong on that.
    Quote Quoting MyboardQs
    Also... I am wondering if any one knows how long from Jury Selection, Is the Trial set (in Marion County, FL Criminal Courts).?
    It depends on court practices and how busy the docket is. In some courts, juries are picked on one day for more than one trial, then the trials occur later in the week. If you're the only case going to trial, or you're the first up, your trial could potentially start the same day.
    Quote Quoting MyboardQs
    View Post
    No, I did not hit my husband. It is his attempt to keep me away from the home we own and to not have to sell for equitable distribution.
    No physical contact at all? When the police came out and arrested you, is that what you told them - zero contact?

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