Legal Question in Criminal Law in Florida

The police arrested my son on domestic violence. The police were called to our house because my son and husband had gotten into a fight. We asked the police not to arrest my son, but since I had called the police they said they had to arrest him. We told them we did not want to press charges. They said that the state would take over the case.

Is my son better pleading no contest, or to plead not guilty and to go to court. We do not want to press charges.


Asked on 10/13/12, 4:50 pm

1 Answer from Attorneys
Joseph Justice The Justice Law Firm

You should contact the state attorney's office and explain that you do not want to press charges. The state is not obligated to follow your wishes, but many times they do. If the charges are dropped he will be in a much better situation than having a domestic battery on his record. Even if the state presses charges he is probably better of pleading not guilty since many times a lawyer can negotiate for a lesser charge like disorderly conduct. If he please to the charges he will probably receive a fine of about $600, a year of probation, and mandatory batterer's classes. A domestic battery conviction can also impact the ability to own a firearm and after 1 conviction the state can file subsequent battery charges as felonies.

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Answered on 10/15/12, 6:18 am


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