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What is the process of dropping domestic violence charges in FL?

Miami, FL |
Filed under: Domestic violence

My fiance was recently arrested for what the cope consider to be a battery felony charge dealing with domestic violence. I know he did not harm me. However, we were mugged right as the cops were showing up and therefor, I had visible injuries. How can I drop these charges in FL?

Attorney Answers 2

Posted

You cannot. The State Attorney's Office is the agency in charge of following through with the charges, even if you ask them not to. You may tell the State Attorney your preferences regarding the charges and the State Attorney may dismiss them, but the State Attorney does not have to. It may want to continue the prosecution forward. What has occurred before, however, is that the State Attorney needs your cooperation and testimony before a judge and/or jury to convict your fiance. You must, of course, cooperate with the process, but if you do not, they usually will not continue with the case.

Hope the answer helped you.

Alejandro R. Lopez, Esq.
Law Office of Alejandro R. Lopez, P.A.,
2996 Edgewater Drive,
Orlando, Fla. 32804
Ph.: (407) 649-1404
Fax: (407) 649-9890
Practice areas:
Domestic relations,
Personal injury,
Immigration, and
Probate law

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16 comments

Asker

Posted

some one called me lastnight after he got arested and asked me some questons like if he gets out do i want him to stay away from me or that he cant come back and live with me and am i scared of him and i told her that i want him to be able to talk to me and come back to live with me and no im not scared off him i dont want charges agianst him that hes agood guy and she said ok that she will give statment to judge so he went to first apearence today but has no bond they told me to call state atturney and tell them i want to drop charges that he didnt swing at me he just swung his arm and i walked into it what are the chances that he might even get a bond

Alejandro Rafael Lopez

Alejandro Rafael Lopez

Posted

There is a good chance he will obtain a bond to get out. At the beginning, after the arrest, this is a case where there is no bond, but the judge can change that. As to the charges, remember that people on the street say: "I want to drop the charges". Actually, the entity that is putting the charges is not you, BUT the State of Florida through the State Attorney's Office. So, even if you say you don't want the State Attorney to keep going after him to prosecute him, the State Attorney can ignore you and keep prosecuting him. HOWEVER, that said, if YOU as the alleged victim (if you are the alleged victim, of course) do not wish to cooperate with the State Attorney to testify as to his actions in court, the State Attorney usually will drop its charges against him, since they don't want to spend time, effort, and money in a case where they have no good witness and/or a victim, and they have "bigger fish to fry". You must understand that, even though you have no problems in the gentleman coming back to live with you, etc., as long as the case is pending in court, there is an automatic injunction and restraining order telling him not to approach you.

Asker

Posted

so your saying if i dont go to court they will drop it but can i get in trouble if i dont go its so stupid im not the one who even called the cops we speak spanish and poeple around here speak inglish so when we fight they always call the cops so if im not the one who called does that make a defference

Asker

Posted

if i need a lawer would u consider to help us i realy want him to be out we fight like every couple does and he didnt do anything to be in jail i feel so bad its his b day and cant even say happy birthday to him so ur saying he still has achance that he will get a bond how long does it take before he will kno hes already been at first apearence when will other apearence be im so sorry for bothering u its that ive never been in anything like this and i dont kno anything and i dont want to do anything that will make it worse

Alejandro Rafael Lopez

Alejandro Rafael Lopez

Posted

I understand wht you're saying. I speak Spanish too. We kinda argue with each other very loud right? Well, the government could send you a "subpoena" to appear in court. In that case, you would have to show and answer questions they give you. MOST OF THE TIME, however, when they see you don't want to come to get involved, they won't proceed with the case. Anything, if you need a lawyer and you would need some help, make an appointment with me by calling (407) 649-1404.

Asker

Posted

thank you and im trying my best to get in touch with him so i can see what he wants to do but they put a co cantact agianst us so im trying to see what i can doif anything i will be calling u if he says too thank u plus some one had told me cuase it only says touching and swinging it might not be that bad on him is that true

Alejandro Rafael Lopez

Alejandro Rafael Lopez

Posted

Not really...swinging, threatening, looking at you funny, getting close to you, etc. Anything counts for the government.

Asker

Posted

wow but still so many poeple get killed over bigger things and they realy going to try on this they dont have any facts or proof they didnt even ask me what happened well i will see im waiting on tha attorny to call me back i went and talked to her secatary today but like i said if i need a lawyer i will be calling u oh yea how can i find out if or when he has another court date

Alejandro Rafael Lopez

Alejandro Rafael Lopez

Posted

By looking at his case on the website for the Dade County (I think you said it was in Miami right?). I seldom use it, but look for something that says "case query", etc., and put his name and case number there. It should show the whole history of the case.

Asker

Posted

hes in sarasota florida is it the same

Alejandro Rafael Lopez

Alejandro Rafael Lopez

Posted

No. That would Sarasota County, at: www.sarasotaclerk.com

Asker

Posted

thank u so much i will be getting in touch with u not only for this matter but for a imergration matter too thank u u realy helped i give all the stars in the sky ur the best

Alejandro Rafael Lopez

Alejandro Rafael Lopez

Posted

You're very welcome. Take care of yourself.

Asker

Posted

ok i kno i have bugged u alot now i really realy need ur help but con la dos cosas as lawyer for violencia and for migra i just got off of fon con ell he told me that la migra has him on hold some of the guys in there told him he needs a migra lawyer and fast hes been here for 17 yrs always work he has a 11 yr old daughter that he pays childs suport on what can we do wat can i do to try to keep him here and do u think u can help us

Asker

Posted

omg i just found out that i have to get a immigration bondsman what is that do u do those kind of things

Alejandro Rafael Lopez

Alejandro Rafael Lopez

Posted

there is a 48 hour hold for jail if immigration is involved. Try to bond him out as soon as possible. That's the first thing. Then, call my assistant Clara at (407) 649-1404 for a phone conference to determine his status, etc. He may receive a document from immigration called a "Notice to Appear". That is a very important document. Keep it. It will have a place, date, and time for a hearing. He may be able to fight the immigration case with what is called a "hardship waiver".

Posted

Your fiance should hire a lawyer ASAP. His lawyer can then interview you about what happened the night you were mugged. Once you and the lawyer have an opportunity to speak the lawyer can decide what is the best avenue to take.

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