Legal Question in Criminal Law in Florida
battery agg/victim pregnant no loss of fetus no injury
i am the victim in the case and the state attorny contacted me to drop the charges. i requested to drop charges and went to a two hour class, they called me yesterday and told me they chose to drop it to a misdemeanor and have him go to classes...im wondering will they pass his court date again or will he be let oout of jail...we have been waiting and no one is getting back with me he has been in jail for 25 days and they just keep passing his date...what should i do ?
2 Answers from Attorneys
Re: battery agg/victim pregnant no loss of fetus no injury
Hello:
If they are reducing the charge to a mm, they need to lower the bond or let him out ROR. If he has an atty., he/she should immed. contact the State to ask for this or file a Motion if they refuse.
Cases routinely get passed until another pre-trial conf. It often takes a while before the State gets the notice of the reduction to the Clerk's Office and they set the misdemeanor court date. Even once there is an arraignment, we may need another pass date or two to negotiate with the State. This is not a big deal if the client is out of jail. Someone needs to ask for the bond reduction asap.
'Hope this helps. If we can be of any assistance in North Fla., just give my office a call or e-mail. Tom Rosenblum
Re: battery agg/victim pregnant no loss of fetus no injury
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
If the State is indeed reducing the charges, they should allow him to be released on his own recognizance or on a bond (depending on his prior record). He should try to contact his public defender and ask for him to review the matter or otherwise hire private counsel to represent him and obtain his release.
Scott R. Jay, Esq.
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