Legal Question in Criminal Law in Florida

Wavier of prosecution

I had a situation happen with me and my boyfriend. He's on probation right now. I want to go to the state attorney and ask for a wavier of prosecution. There were no witnesses to what happened and I didn't call the police nor did the neighbors. I was not hurt and basically he just pushed me. Will this affect his probation even if the state attorney doesn't press charges and will it be possible for me to get a wavier of prosecution? I need him home and working desperately and no one will help.


Asked on 2/24/08, 6:27 pm

1 Answer from Attorneys
Leland Garvin Garvin Law Firm

Re: Wavier of prosecution

You can go to the state attorneys office and fill out a waiver of prosecution at any time; whether or not this changes the outcome is another story.

Now, what the state decides to do with the new charge will most likely have an impact on what happens with a possible VOP (violation of probation).

If the new case is not filed it will decrease the likelyhood that a VOP will be filed; but he could still be violated regardless of what happens with the new charge.

In terms of advice, you have nothing to loose by filing the waiver of prosecution.

If you have any other questions feel free to call.

-Leland

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Answered on 2/24/08, 6:50 pm


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