I was in a barfight and both parties were drunk. I broke his jaw with 1 punch. He pressed charges. Will charges be dropped.

Asked over 1 year ago - Defuniak Springs, FL

He has signed and avadavfit stating he has accepted $2000.00 from me for restitution and has ask the states attorney to drop the charges in the avadavit. It was signed by the victum and notorized. Will this hold up in court and what do you think will happen to me as far as him pressing charges.

Attorney answers (6)

  1. Tiffany Vanessa Colbert

    Contributor Level 13

    10

    Lawyers agree

    Answered . That's going to be the State Attorney's call. With physical injury like that, you could be facing felony battery (with great bodily harm). The State may agree to drop it if the victim in the case is no longer willing to go forward, but it isn't a guarantee. Some prosecutors will try to go forward anyway and even tell victims that they can be compelled to come to court.

    Contact a criminal defense attorney in your area who can work on your behalf with the state to (hopefully) get the charges dropped or look at any defenses you might have. Good luck!

    For more information or to contact this attorney, visit http://www.thecolbertlawfirm.com or call 407-412-7234.... more
  2. Brett Jacob Szematowicz

    Contributor Level 11

    7

    Lawyers agree

    Answered . A victim does not have the option to move forward with a charge. Any agreement that the two of you may have together ultimately may have zero bearing on the State Attorney's Office. Bear in mind, whenever a charge is filed, it is the State of Florida vs. ____________. That is because it is the State of Florida acting on behalf of the citizens of this state to prosecute a crime. While a victim's lack of cooperation in testifying may very well impact the decision of the State Attorney's Office, a prosecutor can still subpoena the victim to appear in court and testify against you. Most times, this is commonly seen in domestic violence cases.

    If the victim asked for money from you, this could go towards his credibility if he testifies at a trial, but that seems a long way off.

    Any answer given is for general reference and does not establish an attorney-client relationship.
  3. Grant Ian Schwarz

    Pro

    Contributor Level 14

    4

    Lawyers agree

    Best Answer
    chosen by asker

    Answered . It is not appropriate for you to be speaking to a victim while the case is still pending. It can be construed as witness tampering and you could be charged with a felony. The State Attorney's office receives these "Waivers of Prosecution" all the time on cases just like yours. That does not mean that they will follow what the victim is asking for. It is very likely that the State will continue to pursue the case even if the victim submits a form saying they want to drop the charges. However, in many cases, the State Attorney will review the file and personally speak to the victim. If after a full review of the police reports and conversation with the victim it becomes apparent that there is not a likelihood of conviction at trial, the State may very well dismiss the case or offer you a lower charge. Either way, you should discuss this with a lawyer. Be very careful about what you post on internet sites like this. Everything you say can be used against you, there is no confidentiality. Good Luck.

    Be careful what information you put on this website. Information you post is not confidential. You may contact me... more
  4. James Regan

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . Probably not. As I former prosecutor I can tell you that the assigned ASA will probably try to find a way to charge witness tampering. You need an experienced trial attorney to defend the case, not a scheme to beat the system.

    There is no confidentiality online. Volunteering to answer this question does not create an attorney-client relationship. The accused is presumed innocent until proven guilty beyond a reasonable doubt. The likelihood of a positive outcome- exoneration or a mitigated sentence- is increased with the help of an experienced criminal litigator. Seek out an experienced criminal litigator for a free consultation. If you cannot find one on Avvo, search at the National Association of Criminal Defense Lawyers (NACDL.org) Speak to several attorneys and hire the one that makes you feel confident and comfortable. NACDL local members: http://tinyurl.com/8ru8wtv

    Go to Trial: Crash the Justice System
    http://www.nytimes.com/2012/03/11/opinion/sunda...

    Good Luck,

    JR

    James Regan, LL.M*, Esq.
    (Master of Intercultural Human Rights Law)
    jreganllm@gmail.com

    https://twitter.com/JReganLLM
    https://www.facebook.com/defendme.net ('Like' me on Facebook)

    Educational purposes answer. | FACDL.org | NACDL.org | Defendme.net | twitter.com/JReganLLM | Non-privileged answer.
  5. Michael Lawrence Doyle

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . It is the state, not the individual, that is considered the complainant here. That means that it is up to them, not him, to drop the charges.

    This is not intended as individual legal advice and there is no attorney client relationship established by this... more
  6. Michael Lee Weimorts

    Contributor Level 11

    4

    Lawyers agree

    Answered . As has been noted, criminal cases are styled "State of Florida v. John Doe." The victim does not have standing to dismiss the case. From my time working as a prosecutor, however, I know they must consider requests to dismiss and must always be cognizant of the effect an uncooperative witness will have on their case.

    I have a good relationship with the Walton County State Attorney's Office. I would be pleased to represent you and explain to the prosecutor the wishes of the victim and the effect this will have at trial.

    Please contact my office to speak with me.

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ******

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