I was arrested last Saturday for battery by strangulation, a felony for domestic violence after a fight with my boyfriend. I am out on bail and with restrictions to not contact my boyfriend, even if he did not press charges against me and went to my first appearance to say I was not strangulating him but trying to help him while he was out of his state of mind. However, my neighbors recorded part of the situation (5 of 30 minutes) and the police decided I was strangulating him. He is filling a Declination of Prosecution so the charges are dropped but both of us are suffering a lot apart.
I discovered I can file a Motion To Modify Release Conditions in order to change the restrictions of contact since he is also looking forward being with me again. What do I need to do now and should he do something too?! I am a student that needed to hire a public attorney but since I got out of jail I could not contact him to ask for help, he is never on his office and never replies my voice mails.
I am in urgent need of help. Please, let me know how to proceed and what to do.
Since you have a public defender you need to let him or her be your attorney. He or she will file the proper motion to modify for you and get a hearing date for you. Keep calling or emailing and they will call you back. Sometimes it takes several days or even a week.
You really need to hire a private lawyer who can file everything right away and give you the personal attention you need in this case.
If you have been appointed a public defender then only your attorney can file a motion on your behalf. Public Defenders are some of the most conscientious attorneys I know but the workload that the legislature puts on them is quite a lot. I'm afraid that if you want more personalized service then you will have to hire a private attorney. With that said, it is the Assistant State Attorney assigned to your case who decides whether to prosecute -- not your boyfriend. They may take his Declination of Prosecution into consideration but it is not guaranteed. Nevertheless, your attorney will be able to make the best case for a modification of your conditions of release. It does not sound like you appreciate the seriousness of your situation. The fact that the police were called, the neighbor thought it was serious enough to record, and the first appearances judge found probable cause will weigh against your desire to reunite with your boyfriend. I suggest that you be patient but persistent and let your attorney make the argument for you.
Every case and situation is different and my answers will vary greatly depending on the specific facts of each one. My answers shouldn't be considered complete answers to each question and an answer doesn't establish an attorney/client relationship. Always seek the advice of your own attorney. I am licensed only in the State of Florida. Florida Bar #676020.
Your charges are only dropped once the State of Florida drops the charges. The alleged victim of a crime does not drop charges. An attorney can help you seek modification of your bond conditions.
Please understand that any information provided to you by Joseph A. Matera II is not to be construed or confused as legal advice. It is not. Additionally, no attorney-client relationship exists between the questioner and Joseph A. Matera II by Joseph A. Matera II merely answering your question on Avvo.
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