Legal Question in Criminal Law in Florida

This situation is a mess. My fiance got into a fight the other night in which he was more of the assailant and provoker then I was. Every step of the way he attacked me first either by physical attack, threat or emotional abuse. In Florida there is a mandetory arrest law for Domestic Violence. The offer came out and got the exact same story from me, the witness and my fiance (although he lessened the burden on himself a little bit of course). The officer arrested me though. Neither of us wanted to press charges and he refused to even make a statement. The officer never asked me or the witness even though he pressed the victim for one. He had the witness and I both sign a blank statement and told us not to bother filling anythinhg out on it. I got a copy of the arrest affidavit and the officer ommited the entire story all 3 of us gave him. It is scewed to the point of it now seems like my fiance did nothing at all and I lured him in and attacked him repeatedly unprovoked. Is this legal?

Then when I went to court the State Attorney brought up my juvenile criminal record which was automatical expunged when I was 26. I have not been in any trouble for 13 years, half my life. I thought that my record was sealed and can't be used against me?


Asked on 10/15/09, 10:10 pm

1 Answer from Attorneys
Craig Epifanio Craig Epifanio, P.A.

You need to understand how the state attorney handles domestic violence cases. Even if the "victim" does not want to prosecute, they often do anyway if they think they can prove it. That said, the fact that you gave different statements than what the officer put in his report should mean that there are inconsistencies to the point they can't proceed against your fiance. Having a good attorney talk to the prosecutor at an early stage would be a big help and I would certainly suggest you have your fiance hire one. As far as your prior record, if it happened as a juvenile it is sealed from public view. The state, however, will always be able to view it since they are not the "public" for purposes of the statute. Hope this helps.

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Answered on 10/17/09, 9:43 am


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