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Notarized statement to drop Custodial Interference charge??

Port Saint Lucie, FL |

Long story short my mother filed Cust. Int. against my boyfriend and on November 6th he was arrested. We were in Kentucky at the time with my father, and he was extradited back to FL on Nov. 29th. He's pleading not guilty. State picked up charges on Dec. 27th, and since then my mother is wanting to drop them...

My boyfriend told me a sergeant told him if my mother wrote a notarized statement to the State Attorney's office saying she wanted charges dropped that they would release him 14 days after receiving this...

I've been trying to get a hold of the office, but I was wondering how true is this information, if at all? I would think at this point she couldn't.... but was not sure. Please help, thank you!!!

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Attorney answers 6


It's not true. The decision is entirely up to the state. They may take her desires into account in making their decision.


I agree with my colleague and would like to add that he should be careful believing the sergeant when it's no longer his call after the arrest was made.

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While the State may take it into account, they are not obligated to drop the charges upon her request. It is a criminal case, so your mother is not a party to the case. However, I'm not saying it is useless for her to send in a statement asking for the charges to be dropped as it may help your boyfriend.



Thats what i figured. Was only curious because i am 17 and she filed them.. plus the custodial interference seemed like it may be able to be dropped or persuaded. But i know now all cases and charges are pretty equal. Thank you for clearing it up!!


The advise that you mother allegedly got was nonsense. Utter and complete nonsense. Once the State has the case it is theirs to prosecute, or not, on behalf of all of the people of the State of Florida, not just the victim, and no one person (or persons) can tell the State what to do in a criminal case.

That said, in Florida victims of crimes have rights, both constitutional (s. 16, Art. I of the Florida's State Constitution) and by statute (see:

Still, and agin, 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.

I hope that this has been helpful and wish you the best of luck!

First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.)


This is precisely why only lawyers can render legal advice, yet in my experience, cops often do so, and as in this case, they are usually wrong.

I only practice in the areas of personal injury, federal civil rights, and criminal law. I will not answer inquiries about legal representation in other areas of law, so please do not call me about matters outside my areas of practice. Furthermore, my answers on Avvo do not create an attorney-client relationship. Avvo is not designed for the type of legal analysis I personally require to accept a case. You should always seek a consultation with a licensed attorney who practices in the specific area of law who can fully review the facts of your case..

Michael Adam Haber

Michael Adam Haber


"Set it for Court. I won't be there".... right... Wish I had a buck for each of those.... Meantime did you read this article today: Scroll down to the Article that starts with "Kind hearted cop". Its heartwarming...


It is completely up the the state attorney's office. Your boyfriend needs a defense attorney. Cops, clerks, and many paralegals just love to give legal advice. It is frequently wrong.

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.