Legal Question in Criminal Law in Florida

i filed a police report because a drunk person tried to come in my home trying to hit my husband so he pushed her out she then upon leaving took my and my husbands 2 year old daughter that we both have custody of and ran 2 streets over with her. my husband had to run after and retrieve her. The cops did not arrest her but sent it to the stat attorneys office and said the charge will be child custody interference how is this? and what will happen? She has no legal custody with our child and she was related by marraige only meaning her husband is my blood cousin and they have been separated for over two years. we told the cops she did not have permission to be over nor did she have permession to take our child. What charges should she have been charged with and what is the state attorney going to do about this and also what can i do?


Asked on 10/19/11, 2:26 pm

1 Answer from Attorneys
Craig Epifanio Craig Epifanio, P.A.

Only the state attorney can make a charging decision so I can't answer what she "should" have been charged with. The state attorney bases their decision on all the facts provided by witnesses and the officers. What you can do is to contact the state attorney and tell them what happened.

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Answered on 10/23/11, 6:31 pm


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