Legal Question in Criminal Law in Florida

My brother was and my uncle got into a fight with two other men. One man hit my brother first and he thought our sister was hit as well he hit the man back and knocked him out and he sustained some broken bones in his face. My uncle was sucker punched and didn't know what happened and had minor facial injuries. No one was arrested at that time and no police report was made. The police came back at a later date to go back and make a report from the original fight since other retaliation occured after that. The police came back almost 3 months later and arrested my brother for Felony 2 Battery. The other man who assaulted my uncle has had no charges brought against him. The state keeps post poning the arraignment. There were several witnesses that have given statements that he was defending himself. From what we understand 911 calls are missing and witness statements that were taken are misplaced as well by the police dept. What is likely to happen in a case like this??


Asked on 7/23/09, 8:40 pm

1 Answer from Attorneys
Don Waggoner Don Waggoner Law, P.A.

You really need to take a copy of the arrest affidavit to a lawyer, let him look at it, and he can better advise you. Your brother may have several defenses, including defense of others, but this is going to be a he said-she said kind of thing. Your brother and uncle should talk to no one but a lawyer. They should memorialize everything that happened in writing, separately from one another. They need the names and addresses and phone numbers of any witnesses. But he does need a lawyer. What eventually happens will depend on a number of things, including whether the state has enough evidence to go forward.

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Answered on 7/24/09, 8:06 am


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