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My daughter was arrested and jailed overnight for domestic abuse She has a hearing in a week. Will a lawyer be appointed?

Orlando, FL |
Filed under: Domestic violence

Her boyfriend refused treatment and wants the charges dropped. They are living together and both have attended domestic abuse classes. She has a clean record. They say a conflict lawyer has been appointed but-- will she have a public defender? Will she have to go to jail? This occurred in Florida.

Attorney Answers 4

Posted

If a conflict lawyer has been appointed, that means that the Public Defender was appointed but that due to a conflict, they have been removed off of the case and the conflict lawyer replaces them. If the State accepts the boyfriend's declination of prosecution, it is possible that the charges might be dropped. That said, you cannot assume that they'll dismiss the case and need to act as though she needs to have legal representation.

Best of luck!

Posting an answer to your question does not create an attorney / client relationship such that you can or should rely on the information provided herein to take action. Instead, it is intended to simply provide you with information. I am not your lawyer and cannot provide you with legal advice unless and until I am hired to do so.

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Posted

I agree. If she has a conflict attorney, it means that the court has appointed her a lawyer. Has she talked to her lawyer yet? A lawyer can prepare an affidavit which tells the court that the victim doesn't want to prosecute. There is a right and wrong way to do this. Contact a lawyer about this issue. There is no way to tell you if she's facing jail without knowing more information. What type of hearing does she have in a week?

You can get a free consultation by calling 407-617-1064. Please understand that the information given is not to be construed as legal advice. More information would be needed in order to make a more accurate legal determination on your matter. Furthermore, an attorney-client relationship does not begin until a retainer agreement has been signed by the attorney and client.

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Posted

It sounds like a lawyer has already been appointed. I agree with my colleagues, she needs to speak to the attorney and then see if her boyfriend is willing to complete a declination of prosecution.

You should consult an attorney for advice regarding your individual situation since every case is different and not all information is relayed in an online question. The Law Office of Ophelia Bernal-Mora, P.A. is a family law firm located in Orlando, Florida, we invite you to contact us and welcome your calls at 407-354-5223. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

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Posted

I agree with my colleagues. See what the boyfriend is willing to do.

Please be advised that any answers or information disseminated above do not constitute legal advice and that the attorney responsible for this posting is merely attempting to participate in a Q & A session intended to be helpful but certainly not intended to be legal advice. It is important that you understand that no attorney-client relationship has been formed and that the attorney has no obligation to follow up with you with your legal issue unless you separately contact said attorney and arrange for him to legally represent you.

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