Legal Question in Criminal Law in Florida

OK, this is completely crazy! My Dad and I walked into out neighborhood supermarket in Miami the other day when a guy in his late 20s and his wife were leaving te supermarket at the same time we were walking in. The guy assumed I was checking out his wife as they left and decided to comfront me before he walked out the door.

He came up to me and said, "why the hell are you checking out my wife"! I told him I wasn't and that she's not my type and he became angry. Words were exchanged between him & I and it started to get pretty heated. I told his wife to get her husband out of here but he persisted to get aggressive. He got in my face and I shoved him back; just then my Dad stepped in and told the guy to just leave when he threw a punch at my Dad. In self defense my Dad punched back and gave him a bloody nose. The fight was broken up and the cops were called.

My Dad and I ended up going to jail under 'simple battery' misdemeanor. We posted bail. There were some people in the grocery store who said we started it and some people that said we didn't. There's a lady that lives down the street that said she saw everything and said she would testify for us. We have not received our court date yet; how should we proceed with this? Should we get lawyer or consult with a public defender? What is likely to happen?


Asked on 4/30/10, 4:43 am

1 Answer from Attorneys
christian denmon Denmon & Denmon Trial Lawyers

You should certainly consult with an attorney/ public defender if you intend to contest the charges.

At this point, a police officer 1. Found probable cause for your (and you dad's) arrest. He then arrested you. The charge will be forwarded to the State Attorney who will decide whether to file charges against you. Before the State Attorney makes his filing decision, he may very well speak to the "victim" to determine his input. If the State Attorney decides to file charges, you and your dad are facing up to a year in jail, and, at a minimum, probation and some violence classes.

You would be wise to consult an attorney before the State makes his filing decision. Sometimes, though not always, an attorney can "nip the case in the bud", and persuade the State that it would not be in his best interest to file the charges. Regardless, if you will fight the charge, a Florida Criminal Attorney can help you decide on an appropriate defense to the charge.

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Answered on 5/06/10, 7:53 pm


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