Legal Question in Criminal Law in Florida

Possesion of a gun

Ive talked to a couple laywers that say this will get dropped and a couple that say he will get time. My husband was toke to jail b/c some girl called the cops and SAID he pointed a gun in her face. The police have no fingerprints or no gun. His bond is 150,000$ and he has to wait in jail 8-10 months for trial b/c he wont plead guilty and take time. His first arraingment is Sept. 10th ....do you think the judge will drop it or should i get someone to defend him. ( He never pointed a gun at the girl. This is hersay.)


Asked on 8/26/08, 9:43 am

4 Answers from Attorneys
Thomas Rosenblum Rosenblum Law Offices

Re: Possesion of a gun

Hey: I read your question and the other answers. One is right, the Judge doesn't file or drop charges...that is up to the State Attorney's Office. You can call the Clerk of Court- Criminal Div. and ask if the case has been filed. I used to work as a prosecutor. Once a case-felony- is brought in, an assistant state atty. has to make a filing decision. He/she may file the case as charged, add more charges,reduce the case to a misdemeanor, drop it, or send the Defendant to a diversionary program--you make an agreement with the state attorney's office to do some comm. service, pay a fine and once completed the case is dropped...so it was never in court. You have to have no prior record to get that disposition--. The Defendant's prior record is a big factor.

'hope this helps. If my office can be of any assistance, please give us a call. Tom Rosenblum

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Answered on 8/27/08, 11:32 am
Valerie Masters Valerie Masters, P.A.

Re: Possesion of a gun

I don't know why yo think it would be dropped.There is no chance the judge would do that. Please call me if you would like to hire a lawyer.

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Answered on 8/26/08, 10:33 am
Valerie Masters Valerie Masters, P.A.

Re: Possesion of a gun

I don't know why yo think it would be dropped.There is no chance the judge would do that. Please call me if you would like to hire a lawyer.

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Answered on 8/26/08, 10:33 am
Aaron Slavin Slavin Law Firm, LLC

Re: Possesion of a gun

The Judge does NOT even have the ability to "drop a charge." I definitely think that you need an aggressive criminal defense attorney because the State of Florida can proceed on this charge on the "girl's word" alone. My practice is in the Tampa Bay area. I would be more than happy to answer any questions you may have, but I would refer you to a good friend of mine who is an excellent criminal lawyer in Jacksonville. Let me know.

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Answered on 8/26/08, 11:12 am


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