Legal Question in Criminal Law in Florida

Re: Punishment does not fit crime...

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Once the a statement is made to the police, the State of Florida takes over the case. You can request that they do not prosecute the case but the ultimate decision rests with the prosecutor.

Frankly, without your cooperation and testimony a case is hard to prove. If you made any "excited utterances" they might be admissable in court even if you do not appear. Of course, your fellow employees can be called as witnesses against the defendant if they saw what happened.

In a recent domestic violence case of mine, the State Attorney waited until the day of the trial to dimiss the charges even though the girlfriend recanted, went to a mandated counseling program, and repeatedly told the State that she did not want to prosecute.

Scott R. Jay, Esq.