My ex sister in law claims I punched her in the face. She was in my mothers face screaming profanity. I pushed her. She called the police. Police came & took statements from both of us separately. And a statement from my mother. Police said I was not going to jail but he had to file the report. I have now received an arraignment to appear for criminal summons. What should I expect?
Due to the fact there was a dispute in the facts, the police decided not to arrest you and allow the prosecution to make a determination whether to pursue the charge. You have been issued what is similar to a traffic ticket. The prosecution has decided to pursue the charges at this time and you have been ordered to court to answer the charges. If you can afford an attorney you should hire one, if not ask for a public defender to be appointment. The fact the police chose not to arrest you is a positive as is the fact that your mother gave a statement supporting your version of events. Do not take it lightly though since a domestic violence conviction is a serious misdemeanor upon conviction, if it occurs, will cause you to lose your rights to forever possess, own or purchase a firearm, may cause mandatory counseling, and can result in a jail sentence. Good luck!
You should expect to be arraigned.
Arraignment constitutes the formal commencement of the criminal process, and it serves 3 vital purposes:
1) It requires the prosecuting authority to formally advise the Defendant of the charges against her/him;
2) It requires the Defendant to enter a plea to the charges (guilty, not guilty or no contest); and
3) It requires the Court to determine if counsel must be appointed.
If you want to be smart and prepared then hire yourself a lawyer now.
Wishing you luck and hoping that I have been helpful in answering your question.
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You will likely be arraigned, but more facts are needed. You should immediate consult with an experienced Criminal attorney in Florida. A local attorney will know the Judges, lay of the land, whether certain evidence will be relevant to your case, the elements of the Procedural Hearing and likely sentencing guidelines following a plea or trial. They will also be more sympathetic to you case and life position.
This is not legal advice. You need to consult with an attorney licensed to practice law in Florida. They will be better able to explain your options. Good luck.
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