About a month ago me and my sister got into a huge fight (due to the fact that i Marchman Acted her, for drug abuse)...we both pulled each others hair and she choked me a little...but we were Both equally at fault and we both did equal damage to each other...i called the police, she left the house BEFORE they arrived, i told the what had happened, and said she was the one who started it etc....I was told they would issue an arrest warrant the same day, but they didn't..(we both hoped it was over with) BUT now i just got a recorded message on my phone saying a date for arraignment, that i may attend...What does this mean for my sister? will she be arrested? Is there anything i can do or say to STOP all of this? Should i go to the arraignment? (neither of us have an arrest record)
Divorce / Separation Lawyer
She will be arrested and charged with domestic violence. You will be a witness, but not technically, the victim because in a criminal case the state of florida is the victim. That's why you can't "drop the charge." There may be something you can do but I strongly advise against approaching the state of florida yourself. You can get in trouble yourself. Hire a lawyer and let him handle it, that's my advice.
Family Law Attorney
You can tell the prosecutor you don't want to pursue charges and sign an affidavit, but it will be up to the prosecutor whether or not to drop the case.
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My colleague is absolutely correct. Your sister should hire a lawyer to represent her interets and you can cooperate if you wish by filling out a drop charge affidavit. The State will get the final call. If you are equally culpable and perhaps could have been arrested you could retain someone to communicate to the State prosecutor and advise you will not testify against your sister on the grounds you could incriminate yourself.
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Contact the state attorney and srop the charges, also you should probably go to the arraignment as well. Contact my office for free consultation 727-446-7659.
Criminal Defense Attorney
I agree with my colleagues. Unfortunately, you cannot just drop the charges. I recommend you contact the Assistant State Attorney responsible for the case and express your interest in not going forward with the case or complete an affidavit indicating the same. I strongly recommend your sister retain a Tampa criminal defense attorney. A Tampa criminal defense attorney will work with the Assistant State Attorneys to try and get the charges dropped. Good luck with your situation.
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You can indicate to the State/Prosecutor that you do not want to go forward with the case by filing a Declination of Prosecution. The State should have a form that you can fill out but be careful not to admit any wrongdoing on your own part. Your sister is currently being prosecuted. She may not be arrested at this point if it is a misdemeanor case. If it is a felony she would have to be arrested but could then post bail and get out. Your sister should have an attorney as soon as possible. Your sister's attorney may be able to provide you with the declination form which may cause the State to drop the charges.