Your boyfriend will go to First Appearance in the morning and the Judge will set conditions for his release. You should contact a local criminal defense lawyer to determine whether or not you want to retain them to represent your boyfriend.
Geoffrey R. Mason
If your boyfriend has an attorney, you would need to speak with him or her. You may also want to file a declination of prosecution with the state attorney's office. They may require you to attend a victim awareness class which based on the facts described above, may be a good idea. Depending on whether or not there is enough evidence to proceed with or without you, the state will make their charging decision. Your boyfriend's attorney needs to set a bond hearing in order for the Judge to consider his release if he is unable to get out now. Contact a local criminal defense attorney for guidance.
Legal disclaimer: I'm only licensed in FL. Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.
Please know that the Pinellas County State Attorney's Office aggressively prosecutes Domestic Violence case -- especially if they are Felony charges (like Domestic Battery by Strangulation -- which seems to be the charge that your boyfriend is looking at).
You should contact an experienced criminal defense attorney who is familiar with the Pinellas County criminal justice system and knows how to handle these types of cases.
I agree that a written and sworn "Request Not to Prosecute" and "Request for Contact" could help the case and let the State Attorney's Office know, in advance, how you feel about the case and whether or not you want your boyfriend prosecuted.
Nonetheless, the case is in the hands of the State Attorney's Office and they will make a filing decision based on the facts of the case, your boyfriend's prior record (especially as it relates to domestic-related charges), whether there were any visible injuries, independent witnesses, etc.
Our Office handles many of these types of cases. If your boyfriend does not currently have an attorney, we would be more than happy to discuss the matter further with you and/or provide you with a free consultation to discuss the issues involved and the best way to proceed.
Obviously, this needs to be taken seriously as this is a Third Degree Felony offense punishable by a maximum of five (5) years in the Florida State Prison system.
Aaron J. Slavin, Esq.
SLAVIN LAW FIRM, LLC
4707 140th Avenue North, Suite 211
Clearwater, Florida 33762
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