Legal Question in Criminal Law in Florida

Florida Laws on prosecution

My friend was on medication for depression and panic attack/ anxiety disorder. She recently was divorced from her husband, but still had contact with him, although she was depressed because of the divorce. She drank a few beers, then got in her car and tried to run over him and his friend at the friend's house. They were a little scuffed up, but not seriously hurt. There was $1000 property damage. She told the cops she wanted to kill him, now she is in jail with no bond with 3 charges. She has had time to dry out from the alcohol, and has also come off of the mind altering prescrition drugs she was on (which changed, month to month) The husband goes to the DA's office tomorrow to make his statement and hopes that the charges will be dropped at that time. He seems to think the friend will not press charges either and that after they make their statements she will be able to leave the jail. This all happened on private property, at a trailer park, so she was not charged with DUI, that we know of, is it possible the charges would be dropped without any punishment? She does not have an arraignment for a few more weeks and I didn't think they would let her go, if charges were dropped, until that arraignment.


Asked on 6/11/07, 6:16 pm

2 Answers from Attorneys
Scott Cupp Law Office of Scott H. Cupp, LLC

Re: Florida Laws on prosecution

It is possible,though unlikely, that she will be not charged with something. She really needs to retain counsel ASAP.

Scott H. Cupp

Law Office of Scott H. Cupp, LLC

400 Executive Center Drive, Suite 201

West Palm Beach, FL

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Answered on 6/11/07, 6:41 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: Florida Laws on prosecution

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.

Anything is possible but it does not seem likely. Her charges sound very serious. Without either of the witnesses, the case will be harder to prove but it can be done.

The State can use any statements which she might have said to prosecute her provided she was read her rights. Further, anything said on a 911 call as an excited utterance might be used with or without the witness' cooperation.

Based on the seriousness of the charges and the possible penalties, I would strongly suggest she retain an attorney to represent her.

Scott R. Jay, Esq.

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Answered on 6/11/07, 11:15 pm


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