Legal Question in Criminal Law in Florida

If someone is charged with felony domestic violence and the girl wants to drop the charges at their case management will the state still pick it up and will she get in trouble for falsifying a police report? Also if the guy committed another dv in a months time but its a misdemeanor will he get jail time other than the time he spends in jail before his court hearing in the state of florida


Asked on 8/21/11, 9:20 pm

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

Thie victim can state that she does not want to go forward with the case and ask the state to dismiss the charges. However, the state does not have to. If the victim changes her story, or admits that she lied to the police, she most definitely can be charged with making a false police report.

If the defendant commits a new crime of any kind before the other charges are dropped, he can be re-arrested on the first crime and the bond can be revoked, with no entitlement to a new bond. If he pleas or is found guilty of the crime, he could be put in jail for up to 12 months if it is a misdemeanor. Whether he gets any jail time or not, and how much, will depend on the facts and circumstances of the case and any prior criminal history.

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Answered on 8/22/11, 4:26 am


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