Legal Question in Criminal Law in Florida

My husband was on drug probation and a argument escalated into him going to jail on a domestic violence charge, and I do not want to press charges. I reacted totally on my emotions, he has never been a harm to me or anyone. I had also been fighting with him, so he had the right to defend himself.It was just like two children wrestling around and someone got hurt. I totally over-reacted, I just had never seen that side of my husband before. We are both very remorseful and love each other very much. How do I drop these charges? Plus, will my husband go to jail because of violation of probation. This resulting in his PO submitting a warrant for his arrest in the next few days. What should I do?


Asked on 9/10/10, 9:22 pm

1 Answer from Attorneys
Nicholas Dorsten Blake & Dorsten, P.A.

Usually a prosecutor will take the victim's unwillingness to press charges into consideration, though that is NO guarantee. I would recommend you hire a criminal defense lawyer who can then explain the weaknesses in the case to the prosecutor.

As far as the violation of probation (VOP), if the underlying domestic violence charges get dropped and your husband did not pick up any other violations of his probation (such as curfew, drinking, etc), the VOP will probably be dismissed.

Goodluck,

BlakeDorstenLaw.com

[email protected]

727.286.6141

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Answered on 9/17/10, 7:48 am


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