Legal Question in Criminal Law in Florida

Re: Battery

The state presses charges and the alleged victim is merely a witness for the state.

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.

Once a call of complaint to the police, the State of Florida takes over the case. A person who was battered as a cooperating witness helps their case but is not required. The alleged victim can request that they do not prosecute but the ultimate decision rests with the prosecutor and not the alleged victim.

Frankly, without the testimony of the victim a case is hard to prove but not impossible. 911 statements are often admitted into evidence. Also, statements you made at the time of the arrest are admissable against you.

In a recent case of mine, the State Attorney waited until the day of the trial to dimiss the charges even though the girlfriend recanted, went to a mandated counseling program, and repeatedly told the State that she did not want to prosecute.

You can hire an attorney, but that is no guarantee that the State will dismiss charges. The attorney will have greater access to the prosecutor but may still have a tough time convincing him/her to dismiss the case early on.

Scott R. Jay, Esq.