Do I need to hire an attorney or PD.... I do not want my wife to have any trouble or a record for this ridiculousness.

Asked 6 months ago - Tampa, FL

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My wife was arrested for domestic violence and did not do any harm to me in any way. I tried to explain this to the police officers that did not want to hear anything we had to say... How can this happen. I am not sure what we need to do, I went to court and asked the Judge to release here on ROR and he did. She has not been charged at this point and has no criminal background what so ever. I do not want them to prosecute her and I have already went to the PD office and got a form from them to not prosecute. My worries are that this is all about the judicial system making money from another Innocent person that has done nothing wrong. I do not want my wife to have any problems over this we love each other very much and the circumstances that this happened over are so ridicules.

Additional information

My wife and I were sitting on a side walk TALKING the police showed up separated us interrogated us and took my wife to jail for saying she had slapped me 2 hours before they showed up. I told them she has done nothing to harm me in any way they put her in hand cuffs and took her to jail. They would not listen to anything either of us were trying to tell them. Isn't it my right to be heard and not arrested for telling the truth. I do not want my wife to get in any trouble for being honest.

Attorney answers (5)

  1. Contributor Level 9

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    Answered November 30, 2012 07:21. I would suggest that it is always wise to hire an attorney after an arrest. A public defender is only available to your wife if she qualifies to have one represent her (based on her financial status), and one would not be appointed until arraignment. In a situation like this, it seems that there should not be an arraignment (meaning charges should not be filed, based on the scenario you presented). A good attorney should be able to get to the bottom of everything quickly and help to ensure that no charges are filed.

  2. Contributor Level 7

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    Answered December 03, 2012 15:07. I practice Domestic Violence law in Tampa and can assist you. Feel free to contact me at 813-225-2695. The State can proceed against your wife but there are ways to get the charges dropped that I can assist you both with. Please let me know if I can help.

  3. Contributor Level 19

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    Answered November 30, 2012 07:19. The Da decides who to prosecute. Meet with the pr of see if you're more comfortable with a private lawyer.both good choices depending on their skill level.

    Ms. Johns can be reached at (866) 402-4038. Ms. Johns is a lawyer although she is not your lawyer unless and... more
  4. Contributor Level 19

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    Answered November 30, 2012 10:23. Strange that I've been walking down the street the streets of Tampa TALKING to a woman many times, yet the police have never arrestedany woman for slapping me. I wonder what caught the police officers' attention, how they got the idea that you had been slapped, and why the busy Tampa Police Department doesn't have better things to do than arrest "another Innocent person that has done nothing wrong"?

    The PD has given you the proper form. Send it to the State Attorney's Office, talk to the prosecutor about dropping charges, and get counseling with your wife.

    The contents of this answer should be considered friendly advice, not legal advice (I'm a pretty friendly guy),... more
  5. Pro

    Contributor Level 16

    Answered December 05, 2012 20:04. First and foremost, I apologize for the current situation you all are in. I strongly suggest you retain a Tampa criminal defense lawyer.

    My firm offers free case consultations in these sorts of cases. We would love to sit down and discuss the opportunities to protect your wife's legal rights. Good luck.

    This answer does not, nor is it intended to, create an attorney-client relationship or constitute attorney... more

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