Legal Question in Criminal Law in Florida
Family matter
I had a family member call the law on me and the officer talked him into pressing charges. he has since dropped all charges. The state is trying to course him into still pressing charges. He was told that there is a form he can sign and have noterized to make them leave him alone and quit persuing this anymore.
1 Answer from Attorneys
Re: Family matter
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
Once a call is made and charges are pressed, the person who originally filed the complaint loses the ability to direct what happens. The State takes over the prosecution and the case takes on a life of its own. The State can prosecute the case even if the original family member does not want to proceed. Frankly, from a practical standpoint, without the original complainant, is hard for them to be successful unless they have other witnesses or you made damaging statements to the police when they arrived.
Scott R. Jay, Esq.
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