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In a domestic violence case or furthermore any criminal case is it best for it to be dragged out?

Hollywood, FL |

Domestic Violence; Case involves girlfriend,boyfriend and another family member. Girlfriend is charged with two counts of agg batt with firearm and agg assault with firearm; no injuries to either, statement was taking that night, claim she had a weapon but none found. The victims actually signed waiver foms but i guess those are useless from what the PROSECUTOR is saying. Anyways, no offer has been made, case is over a year old and the courts haven't set a date down for over 4months is that a good thing? The state has no witness nor victim what are the chances of being dropped next time back in court, we have already been in front of the judge more then i can count within the first 7months. thanks for all answers and advice in advance.

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Attorney answers 3

Posted

The state attorney has sole discretion on prosecuting cases. They try to listen to the victims, but they know that victims often become scared. If the victims are not present, and the police never found a weapon, it will be difficult to prove the case. The best advice is to get an attorney to assist in the attempt to dismiss the charges.

Contact through this site alone does not establish a client lawyer relationship. This information is not to be used as a substitute for consulting with an attorney. I or any of the attorneys at longwelllawyers would be happy to give a free consultation. Call 407-426-5757. <p><a href="http://LongwellLawyers.com" target="_blank">Longwell Lawyers</a><br /> <a href="http://LongwellLawyers.com" target="_blank">Orlando Criminal Defense Attorneys</a><br /> <a href="http://LongwellLawyers.com" target="_blank">Orlando Family Law Attorneys</a></p>

Asker

Posted

Thanks for the reply Mr. sanchez thats what I needed to hear. The only thats holding me up is that the courts themself have not set a court date in 4months, its like they forgot my daughter need a court date. I mean she out of jail, so should we have her pd force a date and remind the courts that they forgot her?

Posted

It all depends. Your right to a speedy trial is for your benefit. Seeking a continuance is not supposed to be used as a tactic, but rather only if necessary to adequately prepare for trial. I usually try to push a case like yours to trial as quickly as possible. If the State can't get their witnesses/case together by the time speedy trial expires, you may get your case dismissed. Once you waive Speedy trial, you lose some control. However, if the case comes up for trial and the State is ready, but the defense needs more time to prepare defenses, then it may be appropriate to continue and waive Speedy Trial. You can always file a Demand for Speedy trial, if needed. As a practical matter, the passage of time may have a negative effect on the State's case, and may be beneficial to your case. These are serious charges and should not be taken lightly. Issues like the one you have asked about are complex and require consideration by a skilled and experienced attorney. YOU SHOULD HIRE AN ATTORNEY. IF YOU HAVE ONE, YOU SHOULD BE TALKING TO YOUR ATTORNEY AND FOLLOWING YOUR ATTORNEY'S ADVICE.

This content is informational only and does not establish an attorney-client relationship.

Asker

Posted

thanks Mark for your reply! but at this point we haven't asked for any continuance the last time we went in was for calender call and after that it's like the court system forgot about her, should I have the pd to remind them that we need a court date?

Mark Nickolas Longwell

Mark Nickolas Longwell

Posted

If speedy trial has not been waived...and the time is expired...and you are otherwise ready to go to trial...your PD may be able to File a Notice of Expiration of Speedy Trial. You really need to just have this discussion with your PD.

David Bradley Dohner

David Bradley Dohner

Posted

Asker: Mr. Longwell gave you a truly well-considered and balanced view of the cost/benefit analysis, in essence, of the issues you view as primary. In addition, he provided you with a wealth of information ancillary to the question you posed. In all candor, you, in my view, owe it to him to now do what he is advising you to do and talk to your attorney. If you don't like him or her, hire one, but take this gentleman's advice - it is extremely sound and it is also within the ethical boundaries that clients sometimes forget quality attorneys are bound by, on the oath of office we all take upon admission to the Bar.

Posted

It is not always best for a case to be "dragged out". Each case is unique and has its own strategy. If the victim's have signed waivers, it should help the case, however, since you are in Broward County and probably before Judge Cohen, things could be a little more tricky. You need an experienced Domestic Violence attorney that handles cases in Broward County to help you with this case. Review my website as it may answer more questions you may have. Good Luck.

Asker

Posted

Well Matt, you hit it on the tip! Cohen is the judge... You said a mouth full in only a short paragraph. Thanks, I will look at the website.

David Bradley Dohner

David Bradley Dohner

Posted

Let me add my two cents by jumping on my colleague Attorney Konecky's thought processes. Actually make it four cents because I live in Hollywood and have practiced here for 19 years, and while as lawyers we are constrained to a great extent with respect to the comments which we might make or wish to make about the judiciary, I could certainly say that I wholeheartedly agree with Mr. Konecky. I guess we can leave it at that. Lawyers are not permitted to unnecessarily delay the progress of cases; having said that with valid reasons for continuances set forth with which the Judge is satisfied there are often, particularly in DV cases, many strategic advantages to doing so. Converesely, if the subject couple's situation is the converse of what we typically encounter, one's interests may be well better served by avoiding any delay or continuance of the matter and taking advantage of the speedy trial rights afforded to Defendants by both the State and Federal Constitutions, and which have been codified within the Florida Rules of Criminal Procedure. I always recommend to everyone that (whether or not I am one of the lawyers with whom he or she speaks) that a given individual who suddenly finds him or herself a Defendant in a criminal proceedig needs to contact three well qualified and experienced attorneys who know the idiosyncracies of the area's judiciary. Or more if they have the time. After interviewing several attorneys,, like any other human relationship, one tends to find that he or she is more comfortable with one another than the others. If all else is equal that is the attorney who should be hired by the party in question because the attorney-client relationship is one in which trust is absolutely pivotal. Trust me. If it is not there, someone WILL get shot in the back. I've seen it a million times and I am sure my colleagues would agree. Best of luck to you. Sincerely, David B. Dohner, Esq.

Asker

Posted

Well David, I applaud your comment on my question..... But the weird and crazy thing about this case is a little bit more complex then I am explaining but we have interviewed soo many lawyers even retained three different from lowest to even selecting a high priced lawyer with the outcome of being shot in the back (not saying all lawers have morals as the ones we have hired)... I respect lawyers myself but kind of feel scared... We have been told by all three paid lawyers that the case is so weak without a gun, without injuries, without there being any other witness besides the victim which by the way haven't did any depos (did make a statement the day of, which cops took pics and recoreded statement) all said is HEARSAY but they agree which is very complex as well stating that it is like chemistry to a 1st grader. I dont expext for a lawyer of the net to tell me rather or not statement, pics and recorded statement can be admissible into trial without the victim and without the defendant being able to cross examine for the truth of the matter. I've looked at several cases such as HAMMOND VS INDIANA, WASHINGTON VS CRAWFORD, WILLIAMS VS STATE, BELVIN VS STATE, STATE VS IVERSON; I have almost become a legal aid assistant myself and which i didn't have to.... My family have dinner like school on these issues and have decided it would be unconstitution for a defendant on a domestic charge such as the ones mentioned to be found guilt without the only victim and witness no coming forth. The appellate court would have to overturn any conviction! (NO WEAPON, NO WITNESS, NO VICTIM, NO INJURIES, NO MEDICAL RECORDS OF INJURIES).... STATE (COPS WERE NOT THERE BUT ARRIVED AFTER THE FACT, NOT GOING TO HELP)

David Bradley Dohner

David Bradley Dohner

Posted

Incorrect. Some hearsay is ADMISSIBLE hearsay and therefore, substantive evidence. While a res gestae must be established, you can be convicted in this manner under these circumstances. I am not saying you will, or guessing at the probability of a conviction without having spoken to you and asked many more questions, but I did want to clarify the notion you, in my opinion, have chosen to ride because it makes you feel better. Not a good plan. Good luck. Sincerely, Dave Dohner.

Asker

Posted

Thanks for your time and feed back!! I am really thankful that you took the time out to read and respond to my questions!!! That being said I will be contacting you by phone asap..

David Bradley Dohner

David Bradley Dohner

Posted

I would be happy to discuss the matter with you. As I said before, when responding in this forum I always recommend that any given individual contact at three attorney with whom they can discuss their case at length and then decide with whom they feel the most comfortable. The attorney-client relationship is a significant one and it should be taken very seriously. I will be in trial today but can be reached on my cell during breaks; between witnesses; etc.; at 305-972-5720. You may want to send me a text message with a number at which I can reach you. AVVO can also arrange for the connection with prospective attorneys. Unfortunately, I would not be able to respond in this manner until I return back to my home or office in the early evening. Have a good day. David B. Dohner, Esq.