Legal Question in Criminal Law in Florida

my husband has been charged by escambia county with misdemeanor battery on me. i explained to them i was not a victim of domestic violence and refused to write a statement against him. we were in a heated argument and I called the police in order to keep the peace, not to arrest him. they informed me because they were called on a domestic violence call that someone had to go to jail. I had no physical markings on me at all. the police report has several false statements on it, including that i had blood on my lip. I had absolutely no blood on my lip. The prosecuter stated that the my husband was arrested because my mother wrote a statement claiming she seen my husband hit me and push me. That is completely not fair. My mothher is older and on many medications that dramatically effect her memory. She was in the other room, and she heard us arguing. My mother was a victim of domestic violence for more than fourteen years. She informs me that she was worried for my safety because my husband was refusing to leave in order to calm down. My mother apologized to both of us for assuming that our argument became physical. She stated she is not willing to testify against him, she just wanted the fussing to stop. We are not able to afford a high dollar attourney nor the fees and fines that this charge will eventually cost us. How can we get the charges dropped??? I was informed by a citizen that I could write a statement to the State Attourney and Public Defender and have the charges dropped, is that true? What kind of advice can you provide me? I am majoring in Psychology at UWF, and will be graduating this summer. I was witness to my mother being domestically abused throughout my childhood. I am well aware of what domestic violence is and the many ways it can occur in. I am not a victim of domestic violence, and I need to do whatever is possible to get these false charges dropped against my husband. Please help me.


Asked on 1/11/13, 3:52 pm

1 Answer from Attorneys
Natalie Hall The Law Office of Natalie D. Hall, P.A.

You can ask the State to provide you with a blank form Declination of Prosecution or ask your Public Defender to assist you with preparing an Affidavit of Intent to Drop Charges.

Note - even if you provide these, the State has ultimate power over whether the charge continues. It is not likely the charge will continue if the only witnesses change their statement or refuse to prosecute/testify and there is no other evidence of a crime. Many prosecutors will not immediately drop the charges after receiving the affidavit but closer to trial. Be consistent and true with your statements.

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Answered on 1/14/13, 5:48 pm


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