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If charged with Attpted 2nd % murder. Story was fabricated. If the accuser recinds story/refuses to cooperate can it be dropped

Orlando, FL |

It was a DV dispute. Husband actually punched me in face, shoved me down and sliced open foot by door. I left house to go to ER. He knew he was in trouble, panicked took knife scratched him self on arm fabricated story that I attacked him with knife and said I was going to kill him. he refused medical care at scene. I was arrested with Battery and Attempt 2nd degree murder charge. If he recinds his statement or does not cooperate with state can this be dropped or will the state pursue this conviction. I live in florida .... I have lost my job with no questions asked, due to this and have no money really to defend myself. Any help or advise is greatly appreciated.....

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Attorney answers 5


If you cannot afford an attorney, my best advice would be for you to request the appointment of a public defender.

DISCLAIMER This answer is not legal advice nor does it create an attorney-client relationship between any user/reader and The Law Offices of Jimmy Allen Davis, P.L.. We encourage and welcome you to contact us about your legal problems and visit our website at or email me at


Has the state filed formal charges against you yet? I would suggest your husband calls the state attorney and tell them the truth.

For more information or to set up a free consultation contact the Law Office of Corey Cohen at 407-246-0066 or visit our website at Twitter @cohenlawyer

Harry Edward Hudson Jr

Harry Edward Hudson Jr


I do not.however, anticipate that your husband will tell the state the real facts. I would also expect the state to not consider the statement that he cut himself.


Can it be dismissed? Yes. Whether it is dismissed is up to the DA.


The State is the only the party that can drop charges. Your Husband cannot drop charges since he is not a party but only a witness in the case. Even though times are tough for you, I would strongly suggest hiring an experienced criminal defense attorney to repesent you. These are serious charges and as you can see are a life changing event. There are several excellent attorneys on this site that practice in Orlando that can assist you. Good Luck

An attorney/client relationship is NOT established simply by virtue of The Law Offices of Evan M. Kleiman, P.A. answering any questions herein. Such a relationship will only be established by a formal agreement between the parties.


There is no confidentiality online.

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 Florida Association of Criminal Defense Lawyers ( Speak to several that offer free consultation. Hire one that you feel comfortable with and you can afford. FACDL find a lawyer:

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