Legal Question in Criminal Law in Florida

Re: Simple battery- dv

You have raised an issue very common in criminal law.

When law enforcement officers are called on a Domestic Violence charge, they are required by Florida law to determine the 'primary agressor' and they are required to arrest that person. You may not have intended for him to be arrested, but the government has decided that they know what's best for you and that you do not.

Many people believe that they can just get the charges 'dropped' since they did not 'press charges' to begin with. This is not how Florida law works: Under Florida law, once a complaint has been filed in a case like yours - by the police or by a private citizen - the Office of the State Atttorney begins an Intake Investigation and begins the prosecution process. Only the State can legally file charges in a court of law, only the State can 'drop' the charges.

Although each Circuit is different (different elected State Attorneys), they have much in common: Domestic Violence is vigorously prosecuted statewide. The State will not simply drop the charges because they feel sorry for you or your brother. In fact, if he has a significant prior record - domestic or not - they may want a combination of jail time AND probation. Domestic Violence probation always comes packaged with 26 weeks of Batterer's Intervention Program.

One final note I would make to anyone seeking an attorney: I will making a post later this week which will include a checklist so you can determine who the best lawyers actually are.

I wish you the best with this difficult process.

Warmest regards,

Stephen G. Cobb

Re: Simple battery- dv

the state needs you cooperation to proceed. pls call if i can help you get the charges dropped