Legal Question in Criminal Law in Florida

I and my partner of 16 years have both been charged with battery1 domestic. He is not willing to testify against me nor I him. My ? Is should we let this go to trial since in both cases it is the state that is pursuing party? We have both been offered outrageous plea deals. We both have attorneys and both seem to most concerned with us being gay....as we live in a small conservative town. The state has photos of his head and our short but, conflicting line of events...the police officer says I was belligerent..I wasn't! He gave me a sobriety test but, did not record it though I passed. This has become a legal nightmare! Please help


Asked on 5/06/11, 7:01 pm

1 Answer from Attorneys

Craig Epifanio Craig Epifanio, P.A.

I can't really give you any advice since you are currently represented by an attorney. Understand though that just because one party doesn't want to testify doesn't mean the state can't force the person to testify in most cases. However, you make it sound like you were both charged and if that's the case there are special rules involving co-defendants. Again, you'll have to talk to your attorney about going to trial and any reasonable plea deal.

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Answered on 5/08/11, 1:50 pm


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