Legal Question in Criminal Law in Florida

Domestic Battery, arrest with out warrant, civil-rights

1 : How can a person be arrested and charged with the crime of Domestic Battery based only on the statement of the supposed victim.

1.1 : Would such an arrest be a violation of the accused civil-rights? (Arrest without warrant?)

2 : If charged with the crime of Domestic Battery and the State has on conclusive evidence (broken bones, bruses, cuts, scrapes, etc), witness; (other than the supposed victim) what it the best defence of the charge?

3 : What part in the States case does the criminal record of the accused play? (Has the accused been charged/convicted with this or similar charge in the past.)

3.1 : What part in the Accused defence does the criminal record (or lack there of) of the accused play?

4 : In defending a charge of Domestic Battery; If given the option of Waiver-trial (No jury just the judge) vs. Jury trial (6-12 peers) which would you option for?

Thank you for your help.


Asked on 1/26/00, 6:44 pm

1 Answer from Attorneys
Steven Casanova Steven G. Casanova, P.A.

Re: Domestic Battery, arrest with out warrant, civil-rights

You have asked a lot of questions. The State Attorney's Office determines the charges, and the statement of the victim can be enough to create a case. No, there is no civil rights issue here. Your best defense is to get the victim to tell the SAO that there was no battery, and that she/he will not testify, thus gutting the case. Yes, if a person was previously charged with similar crimes that could make the state want to pursue the case. If the judge is cool try the case no-jury, but if he/she is not (more typically the case) then do a jury trial. Most often these cases are misdemeanors and tried by rookie asst. state attys. So push for a jury trial because it intimidates them and they often are not prepared for, nor look good to a jury. Also try and get the victim to file a drop charge affidavit. You should also have your atty. do a modification of release conditions motion, because if you have contact with the victim without a motion setting forth the fact that you can have consentual contact with the victim, then you can be arrested for another crime, and perhaps be on a no bond status! Watch out for that and GOOD LUCK.

Read more
Answered on 1/27/00, 6:19 pm


Related Questions & Answers

More Criminal Law questions and answers in Florida