Notarized statement to drop Custodial Interference charge??

Asked 9 months ago - Port Saint Lucie, FL

Long story short my mother filed Cust. Int. against my boyfriend and on November 6th he was arrested. We were in Kentucky at the time with my father, and he was extradited back to FL on Nov. 29th. He's pleading not guilty. State picked up charges on Dec. 27th, and since then my mother is wanting to drop them...

My boyfriend told me a sergeant told him if my mother wrote a notarized statement to the State Attorney's office saying she wanted charges dropped that they would release him 14 days after receiving this...

I've been trying to get a hold of the office, but I was wondering how true is this information, if at all? I would think at this point she couldn't.... but was not sure. Please help, thank you!!!

Attorney answers (6)

  1. Travis Martin Williams

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    Contributor Level 12

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    Answered . While the State may take it into account, they are not obligated to drop the charges upon her request. It is a criminal case, so your mother is not a party to the case. However, I'm not saying it is useless for her to send in a statement asking for the charges to be dropped as it may help your boyfriend.

  2. Christopher Robert Dillingham II

    Contributor Level 19

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    Answered . This is precisely why only lawyers can render legal advice, yet in my experience, cops often do so, and as in this case, they are usually wrong.

    I only practice in the areas of personal injury, federal civil rights, and criminal law. I will not answer... more
  3. Michael Adam Haber

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    Answered . The advise that you mother allegedly got was nonsense. Utter and complete nonsense. Once the State has the case it is theirs to prosecute, or not, on behalf of all of the people of the State of Florida, not just the victim, and no one person (or persons) can tell the State what to do in a criminal case.

    That said, in Florida victims of crimes have rights, both constitutional (s. 16, Art. I of the Florida's State Constitution) and by statute (see: http://www.flsenate.gov/Laws/Statutes/2011/Chap...).

    Still, and agin, in Florida the State Attorney is empowered to bring criminal charges to bear on behalf of all of the people of the State, the victim being only one of those millions of people (albeit usually an important one to the success of their case). If you want to increase your odds at having the State pursue your interests then you can hire your own criminal defense lawyer to serve as your Victim's Right's Advocate.

    I hope that this has been helpful and wish you the best of luck!

    First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq.... more
  4. Dean George Tsourakis

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    Answered . It's not true. The decision is entirely up to the state. They may take her desires into account in making their decision.

  5. Robert Jason De Groot

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    Answered . It is completely up the the state attorney's office. Your boyfriend needs a defense attorney. Cops, clerks, and many paralegals just love to give legal advice. It is frequently wrong.

    R. Jason de Groot, Esq. We do not have an attorney-client relationship. I am not your lawyer. The statements I... more
  6. Seda Aktas

    Pro

    Contributor Level 13

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    Answered . I agree with my colleague and would like to add that he should be careful believing the sergeant when it's no longer his call after the arrest was made.

    The attorney's responses to questions are for general purposes only and do not establish an attorney-client... more

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