The person was charged with "assault with a deadly weapon" because he went after me with a ball bat poking it at me. He is "technically" guilty. I didn't even call the police, he did. Then after he called the police, he confessed I suppose thinking it was no big deal. He did lunge it at me but I don't believe he was trying to hit me with it. He was just trying to scare me. If he gets convicted of a felony, it is a life sentence even if he gets no jail time because now days a small fee and click of a mouse can get a criminal record of someone and it will come up every time he tries to sign a lease or get a job. He is not a friend and I can't stand the A-HO but I don't want to prosecute because he doesn't deserve it. What can I do?
In Florida victims of crimes have rights, both constitutional (s. 16, Art. I of the Florida's State Constitution) and by statute (see: Chapter 960 Florida Statutes). Still, 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 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.
I hope that I have been helpful in answering your question.
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You can talk to the prosecutor and tell them how you feel, it is going to be totally within their discretion to file a no information notice or a nolle prosequi dropping the case. The State can always subpoena your testimony for a trial if they want to go that route. The case is not You v. Defendant the case is brought by the prosecutor who speaks on behalf of the people that elected him or her. If you speak to a victim advocate or with the prosecutor personally there could be a good chance of the case being dismissed. I commend you for taking a step back and looking at the consequences for someone who was obviously not so concerned with them himself. Good luck!
I have attempted to provide you with an accurate and thorough answer to your question. Please understand that this answer is intended to provide you with general information. It should not be construed as legal advice, nor does it form an attorney/client relationship based on this communication. Good Luck!
You can speak to the vicitm's rights advocate at the local prosecutor's office if there is one, or perhaps to the assistant state attorney handling that case.
R. Jason de Groot, Esq. We do not have an attorney-client relationship. I am not your lawyer. The statements I make do not constitute legal advice. Any statements made by me are based upon the limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in Florida.
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