Legal Question in Criminal Law in Florida

Re: assult and battery

I doubt that the prosecution will go forward with the trial if the victim is not present, but it's possible. You could be convicted if, for instance, someone else saw what happened and will testify against you.

You're not exactly right that you have the right to have the victim there so that you can use her in your defense. You have the right to BRING her there (by subpoena or court order) to use in your defense. You also have the right to compel her to tell the judge or the jury what happened.

I doubt that you really want her there at your trial, since her testimony will probably hurt your case more than help it, but, if you do want her there, forcing a witness to come to Florida from out of state is a complicated and expensive process. You'll need a lawyer to help you.

Re: assult and battery

You should reconsider hiring an attorney. Particularly if you are set for a jury trial. The State may drop the case if the victim does not appear, particularly if there are no other eye witnesses, but they don't have to.

Based on the questions you are asking, it does not seem that you know how to defend a criminal case. If you are not familiar with the Rules of Criminal Procedure, the Prosecutor could take advantage of your lack of experience and have evidence or testimony entered that wouldn't come in if you had an attorney.

You may need to spend a few thousand dollars on an attorney, depending on the nature of the case, but that investment will probably be well made. If you do not know what you are doing, represent yourself, and allow evidence to come in that shouldn't, you could find yourself sitting in jail for anywhere from months to years depending on the case. How much will that cost you?

I do not mean to offend you with this advice, and if you thing of me as brash or smug because of this opinion, then do not hire me...but hire somebody.