Legal Question in Criminal Law in Florida
ok so, Im currently the defendant in a domestic battery case and was released on RoR. my husband filed on the 2nd of march for our no contact order to be dropped and he isnt pressing charges(shown in public records ). currently i do not live with him or talk to him, and its causing emotional distress to us both. i violated the no contact order on a mutual meeting between us and ended up back in jail... judge set bail and i bonded out, 2 days later RoR put in to the judge that i violated the pretrial release, which i already went to jail on 2 weeks ago. anyway, after i bonded out from the violation, the judge signed a capias and set no bond...days later the arresting officer put in a witness statement, one month after originally charge. i know for a fact that he didnt witness it in the way he signed for ((the cop happened to be driving by, and noone called)) and so does my husband (he talked to my PD), the original investigative paper from the night it happened stated that "what appeared to be" now the officer is saying "he saw it". now they have set an arraignment which i will be going to, but i'm unsure what is going to happen and how to handle it..is there anyway my husband could get them to drop this? he has been trying, my PD isnt doing much and the states attorneys office is trying to charge me with battery over and accident that happened while my husband and i were drunk and playing around. how do i fight this, what do i expect on my court date and can i get it over with at my arraignment?
1 Answer from Attorneys
Your husband can let the prosecutor know that he does not want to prosecute. However ultimately the decision is always up to the state attorney's office.
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