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  1. #1
    Join Date
    May 2009
    Location
    Fl
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    3

    Default Simple Battery Without Any Evidence

    My question involves criminal law for the state of: Miami, Florida

    Hi,
    I was recently arrested on a battery and burglary charge. My lawyer is currently filing a motion to dismiss the burglary charge, because there is NO TYPE of evidence. They state attorney does not have any evidence for the battery or the burglary charge.
    I'm not worrying about the burglary, case it too weak, but the battery charge worries me because I've been doing research and alot of women get away with filing battery charges and alot of them do get dismissed. Why was mine not?
    I was trying to wash my car in an abandoned dwelling when all of a sudden the lady came out of her house and confronted me asking why I was at that house. It was not her house by the way. The burglary is for her house, not the abandoned house. She started to severley verbally harass me and saying she was going to call the cops.
    This, was a blatant argument, but somehow she turned it to burglary and battery. She has no evidence, why am i being prosecuted???

    Please I am a university student, I have NEVER been arrested, and I don't know why i was arrested now. I hired my lawyer, and he was quite expensive, but I want another opinion besides his.

  2. #2
    Join Date
    Sep 2005
    Location
    California
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    20,594

    Default Re: Simple Battery Without Any Evidence

    Her testimony at trial will be evidence. If she says you assaulted her in some way, that can be something the court can consider. The fact that you were trespassing while washing your car makes you look a little off, so your credibility might be an issue at trial ... assuming your attorney dares to put you on the stand.

    \So, if you did not burglarize HER house, did you enter and snoop around the "abandoned" house? Could she also own the abandoned house?

    In any event, consult legal counsel and see what he or she has to say about what to do next and about the strength or weakness in the state's case.

    - Carl

  3. #3
    Join Date
    May 2009
    Location
    Fl
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    3

    Default Re: Simple Battery Without Any Evidence

    No Carl, I was washing my car. There was no other place for me to wash my car. The handle for my water broke so I couldn't wash my car. A local carwash was NOT an alternative since the materials I use for the car are premium and NO car wash uses the mediums I use to wash my car. So to answer your question Carl: NO, I did not snoop around the house. Finding a hose is really easy.

    I think you have to put yourself in the mind of a 21 year old college student. I did something stupid, which was to trespass.

    When the argument carried over to her property, she knew that she could take advantage of her power and practically say anything. She knew she could pose ANY scenario at this point. And who could stop her? Who? She's a woman and she knew very well she was a woman.

    I think the plethora of emotions that were running through her at the moment somehow managed to turn her anger into something else. I think that the whole incident was overwhelming for her(at the specific point that I closed the door on her) and she broke.

    I'm not a psychologist, but I could feel that she went from angry(she confronted me) to really angry(our argument) to furious(me continuing to argue with her and her with me), and at that point(when I closed the door on her) I guess she just broke. It was too overwhelming for her.

    Now, if I say that I closed the door and kept her inside her own house to quit her yapping. Is that a crime?

    I had no motive to burglarize her house and my attorney made it VERY VERY VERY clear that the chances of me being found guilty for burglary are VERY slim. The only thing I have to fight is the battery charge, but as you read above, she was the aggressor, she was the confronter, then I just added fuel to the fire SHE started, and out came a mundane argument. It was your typical bickering.

  4. #4
    Join Date
    Sep 2005
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    California
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    Default Re: Simple Battery Without Any Evidence

    Fine and dandy ... but you still shouldn't have been there.

    So, if you never entered either residence, garage, or other structure, then you are probably right - no burglary conviction is likely. Heck, unless she told a different tale, the DA is not likely to file birglary charges.

    So, what did you do to constitute the battery? Did you hit her? Push her? Spray her with water?

    Regardless of her attitude, unless you can successfully argue self defense, striking another person is going to be criminal. Whether it will be sufficient to compel a DA to prosecute you for it is another story.

    So, what DID happen?

    - Carl

  5. #5
    Join Date
    May 2009
    Location
    Fl
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    3

    Default Re: Simple Battery Without Any Evidence

    She's alleging I hit her.

    Now, if I say that I closed the door and kept her inside her own house to quit her yapping. Is that any sort of crime in the state of FL? (Can you please answer this question?)

    Carl must we not forget that in America you are "Innocent until proven guilty." My case is the epitome of this phrase.

    I'm trying to tell my story yet, it seems like if you think I'm lying. Well, Carl it is the truth and that is what really "DID" happen.

    First off, this is a website. Why would I lie in this site? There is no reason for my to lie. This isn't being taken to trial.

    What did you mean by "So, what DID happen?"

    The way you phrased it sounds rather insulting.

  6. #6
    Join Date
    Sep 2005
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    California
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    Default Re: Simple Battery Without Any Evidence

    Quote Quoting joe69962005
    View Post
    She's alleging I hit her.
    Did you hit her? Or spray her?

    Now, if I say that I closed the door and kept her inside her own house to quit her yapping. Is that any sort of crime in the state of FL? (Can you please answer this question?)
    Closing HER door? Yes, I imagine it could be. In my state, not only would that be trespassing, but it might constitute battery or even false imprisonment. I can see now where they at least get the thin veneer of burglary. You went to HER door and closed it on her?!?

    Carl must we not forget that in America you are "Innocent until proven guilty." My case is the epitome of this phrase.
    The court must hold that presumption. You haven't been convicted yet, have you? Ergo, you are still "innocent".

    I'm trying to tell my story yet, it seems like if you think I'm lying. Well, Carl it is the truth and that is what really "DID" happen.
    I'm not saying you are lying. But you have not been all that forthcoming with the details. I have been scratching my head as to how they got burglary and battery by her yelling at you while you were washing your car in a neighboring driveway. Now, it seems, that you went to HER house and closed HER door on her.

    Perhaps you would consider posting the details of what actually happened so that we can look at the whole scene rather than just those disjointed pieces you have thus far mentioned.

    A case is evaluated on all its parts, not on isolated snippets.

    What did you mean by "So, what DID happen?"

    The way you phrased it sounds rather insulting.
    I'm sorry if you find that insulting, but you have not explained how these allegations came about. Your description makes it sound like you were minding your own business trespassing in the neighbor's driveway washing your car (stealing the neighbor's water) and this lady approaches you, yells at you, and you somehow get charged with burglary and battery. Since that makes no sense, THAT is why I ask, what happened?

    - carl

  7. #7
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Simple Battery Without Any Evidence

    I would also want to know of you said anything that could be perceived as a threat.

    By the way, the people that paid for the water that you apparently thought was yours for the taking may consider what you did theft.

    Believe it or not, an abandoned property does not mean it is yours to use as you wish.

    Maybe you should have thought of that when you were out buying your premium car care products.

    Lastly, "I was just parked at their house to wash my car" has got to be one of the lamest excuses for being caught burglarizing a house I have ever heard.

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