Legal Question in Criminal Law in Florida
Battery
I was charged with battery on a leo for allegedly spitting on an officer while in his car, i dont remember any of this because i was drunk and incoherent as stated on the police report. I do not believe i spit on an officer what should i do.
2 Answers from Attorneys
Re: Battery
Get a lawyer. As long as you are not adjudicated guilty, you can have this case sealed afterwards.
Nicolas Babinsky, Esq.
Re: Battery
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.
Frankly, not remembering or not believing is never a defense to a criminal action. You would be best served by hiring an attorney who can conduct discovery including taking the depositions of the officer or officers and find out what information is available. Your attorney can then best advise you how to try and keep your record as clean as possible and maybe get you into some sort of diversionary program.
Scott R. Jay, Esq.
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