My fiance went to jail in January for domestic battery and resisting without violence he went to first appearance and they charged him with felony battery in which upon release he had to wear an ankle monitor. He has no prior battery conviction how can they do this i want to drop charges
They can do it if they have probable cause to believe a crime was committed. He should have an attorney or apply for a public defender. You can also consult with an attorney as the alleged victim in the case. You cannot apply for a public defender, however.
The State Attorney is free to charge any crime that they believe they can prove and you have no say whatsoever in the matter.
Once the cops got involved and an arrest was made you became both a victim and a State's witness and when you are the victim of an act of DV then the State's job is to elicit your testimony and prosecute.
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 do not wish to cooperate with the State then you are entitled to have them consider your wishes.
In Florida victims of crimes have rights, both constitutional (s. 16, Art. I of the Florida's State Constitution) and by statute. 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.
Again, no one can control what the State does on behalf of the people, but you will increase your odds at achieving a favorable outcome if you have an effective victim's rights advocate pursuing your agenda. Many criminal defense lawyers serve as effective victim's rights advocates.
Wishing you and your fiance luck and hoping that I have been helpful in answering your question.
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Once you call the police it is not up to you, what charges will be filed. His attorney will address the charges and argue whether or not they should be felony charges. It does not matter whether or not he has had prior battery charges.
A prior conviction is not required before the State can charge a citizen with Aggravated Battery, the form of battery that is a felony as opposed to Simple Battery which is a misdemeanor. How the battery occured, the state of the alleged victim (pregnant, elderly), and the extent of the injuries are the relevant factors.
As to your desire to "drop the charges", in Florida, citizens can neither "press" nor "drop" charges. Only the State Attorney or a Grand Jury can charge someone with a crime. Notice that neither the police nor any other law enforcement agency can file charges against a citizen. Police and Sheriffs and their deputies can arrrest someone based upon probable cause but they cannot charge anyone with a crime. People who report a cirme are witnesses in Florida even if they were the victims of the alleged crime. Victims usually have a good measure of influence on the State Attorney's charging decisions but the final decision always belongs to the State Attorney.
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