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  1. #1
    Join Date
    May 2013
    Location
    Miami, Florida, United States
    Posts
    2

    Default Burglary and Strangulation

    My question involves criminal law for the state of: Florida


    So my brother and his ex GF had a spat, she was punching him and burning him with a cigarette and also clawed part of his ribs. To get out the situation he had to push her away and ran out of her apartment (she let him in and she started going through his phone while he was asleep and awoke him to pummel him) a few days later she files a restraint order and files battery charges. The police came by yesterday and were looking to "talk to him" and he was not home. My father a retired police office, asked them if they had an arrest warrant, in which they replied no. They told my father today he had a felony charge for "false imprisonment" when he turns himself in he gets charged wtih " burglary and strangulation" The exgf's testimony on teh restraint order was torn apart by my brother's lawyer and shown to be inconsistent. But yet they came to arrest him.

    This does not add up to me, there was no arrest warrant, they said there was "probable cause", no prosecutor assigned to this case, and if this is a felony. Please someone make sense of all this

  2. #2
    Join Date
    Nov 2007
    Posts
    1,419

    Default Re: Burglary and Strangulation

    A lot of times with domestic violence the women calls the police and then changes her mind down the line,sometimes women lie completely. The cops can be over zealous and over charge people,if what your brother saying is true he should have a chance at a dismal or at least a plea bargain that would result in a reduction to a charge that is a lot less serious. Men beat their wife or gf,then gf keeps quiet and down the line it gets worse. The state is aggressive with these type of charges but like I said sometimes a men can get the short end b.c the female is just rail roading him.

    He need to discuss his options with his lawyer and fight the charges. Once the police arrest him they're not just gonna go o we messed up and drop the charges. The court process can be very drawn out,it can take a lot of time.

  3. #3
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Burglary and Strangulation

    And sometimes a man minimizes or lies to his family about what he has done.

    That's why investigations happen.

  4. #4
    Join Date
    May 2013
    Location
    Miami, Florida, United States
    Posts
    2

    Default Re: Burglary and Strangulation

    There has been no investigation, they took her statement and she provided "pictures' we have pictures of his wounds also, under advice of counsel he didin't give a statement

  5. #5
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Burglary and Strangulation

    Quote Quoting Luis G Mejia
    View Post
    There has been no investigation, they took her statement and she provided "pictures' we have pictures of his wounds also, under advice of counsel he didin't give a statement
    Then he is exercising his right to remain silent. The police will proceed on evidence they feel is present. The prosecution will pick up the ball with the charges, amend them or drop them.

  6. #6
    Join Date
    Jan 2011
    Location
    Indianapolis, Indiana
    Posts
    346

    Default Re: Burglary and Strangulation

    There is no need for a warrant. Most arrests are made are made in an outright fashion without a warrant when law enforcement believes they have probable cause.

    The validity of the outright arrest will be vetted when the prosecutor makes a charging a decision and again as the case proceeds in court.

  7. #7
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Burglary and Strangulation

    You don't necessarily know all the investigating that is being done.

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