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.
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.
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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.
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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.
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