How To Drop Charges Against Someone In Florida? The 80 Top Answers

Most domestic violence charges begin with the same story. . .

You are in the process of breaking up with your ex but are still living together.

She applied for child support. She threatens to take your children away and take every last dollar.

A heated. . she pushes you

It didn’t hurt.

She grabs your phone because now she’s accusing you of cheating.

You push her hands away from you and accidentally scratch her wrist.

The police will come and arrest you!

We’ve heard this scenario hundreds of times.

This article explains the tips and tricks domestic violence attorneys use to reduce or dismiss cases.

While no attorney can guarantee a dismissal or reduced domestic violence charges, following these tips will increase your chances of having your charges dropped or reduced.

Gather evidence that you did not commit domestic violence

In any criminal proceeding, you have the following rights:

The right to summon witnesses to testify on your behalf.

in your name. You have the right to present your own evidence of what happened

You also have the right to cross-examine prosecution witnesses

The prosecution’s witnesses Finally, you have the right to evaluate the state’s evidence.

The first step to reducing or dismissing a domestic violence charge is to secure your own evidence. Basically, you need proof of what happened between you and the victim of domestic violence.

Often the police reports rely on the victim’s testimony and ignore the defendant’s testimony.

Be proactive. Make your own written record of what happened once you call the police. Your memory of the events will become clearer and this will preserve your memory of the events when your case has to go to court.

Identify your witnesses and have them write statements as well.

If needed, get pictures or video from the night of the incident.

Save all your victim text messages.

Finally, keep copies of all the victim’s social media posts.

Hire a domestic violence defense attorney

As you can see from our other articles, being accused of domestic violence has serious consequences, including imprisonment, substantial fines, attending classes and losing custody of your children, divorce, restraining orders, and losing your right to carry firearms.

Hiring a knowledgeable, experienced, aggressive domestic violence attorney is critical to getting your domestic violence charges dropped or reduced.

An experienced domestic violence lawyer will protect your rights because your attorney knows the judges who handle domestic violence cases. This inside information allows you to adequately prepare for your judge’s preferences at trial and to present the best possible case for dismissing or reducing your charges.

Additionally, an experienced domestic violence attorney will know prosecutors and will help avoid inappropriate prosecutors and present the best case to dismiss or reduce your charges.

As with many services in life, you get what you pay for. The name of the game isn’t finding the cheapest lawyer, it’s finding the one that wins.

If you can win this case, keeping your criminal record clean is invaluable and worth the investment.

Get out of custody as soon as possible

It’s important that you don’t sit in jail with your domestic violence charges hanging over your head.

When you are out of custody, assist your attorney in your defense and live your normal life.

However, being released from prison means upholding the terms of your release.

Show up for your court dates.

Stay out of trouble.

Keep in touch with your serfs and your attorney.

If you fail to meet the conditions of release, your bail will be revoked and a warrant will be issued for your arrest.

That’s a bad look. It signals to the judge that you are not trustworthy.

They will see you as someone who can’t play by the rules and reduce the likelihood that your domestic violence charges will be reduced or dismissed.

Come to ALL court dates and dress appropriately

In our opinion, a defendant who shows up at every court hearing shows that he cares about his case.

Going to court will also help move your case faster and allow your defense attorneys to communicate early on about your case.

By dressing appropriately for court, you show the judge and prosecutor that you take the charges seriously. This will help in the negotiation of your case.

When a prosecutor sees you dressed professionally in court, they know that a judge or jury is more likely to perceive you as a leader than a criminal.

This gives you the upper hand in hearing your domestic violence case.

Have the victim sign an affidavit of non-prosecution if they are willing to do so

We cannot tell you how often a victim changes their mind about the facts that led to the domestic violence allegation. Unfortunately, once prosecutors decide to go ahead, it’s out of the victim’s hands. Victims can’t decide if they don’t want to pursue the case. Prosecutors are the only ones who can agree to drop your charges.

The alleged victim who wants the charges dropped can help by submitting an affidavit of non-prosecution. This document confirms to the prosecutor that the victim does not want to pursue the case any further. Having such an affidavit may result in your domestic violence charges being dismissed or reduced.

Victims who agree to sign these affidavits should speak with their own attorney to ensure the prosecutor does not prosecute them for providing false information to the police or for any other allegations related to the alleged crime. In addition, defendants should not intimidate, coerce, or otherwise pursue such an affidavit without first speaking to their domestic violence defense attorney.

Why are you calling us?

No attorney can guarantee a dismissal or reduction of the domestic violence charge.

However, our experienced domestic violence defense attorneys will take all steps necessary to attempt to have your case dismissed or the charges reduced.

If the prosecutor still refuses to dismiss your domestic violence charges, let’s take the cases to court! And we win!

If you are accused of domestic violence, call us at (702) 433-2889 or fill out our online form for more information.

A former prosecutor leads our team of domestic violence attorneys. We know the ins and outs of the Domestic Violence Act and we can help.

Many cases are dismissed before a plea or trial. Learn more about the most common reasons for this.

Not every defendant who is prosecuted is tried or brought to justice. Many cases are dropped by the prosecutor or the court.

Can a criminal complaint be dismissed?

Yes. And generally, a defense attorney’s first job in a criminal trial is to determine whether there are grounds for dismissing the case before a plea or trial. Some reasons for termination are:

Lack of probable cause for arrest

an improper criminal complaint or indictment document

an illegal stop or search

Lack of evidence to prove that the accused committed the crime

an unavailable witness required to prove that the accused committed the crime, and

Loss of evidence needed to prove that the accused committed the crime.

Let’s look at how these situations might develop.

No probable cause for arrest

In order to arrest a person, the police must have probable reason to believe that the person has committed a crime. A cop can’t arrest a person just because they have a gut feeling that the person just robbed the liquor store down the street. The officer must have a reasonable belief based on objective, factual circumstances. For example, after a liquor store robbery, an eyewitness to the robbery described the robber to the police officer as wearing a red jacket with a dragon emblem and a long-bladed knife with a black handle. If the officer sees a person fitting that description hiding in a doorway on the street, they likely have a reason for arrest.

If the officer arrested an individual hiding in a doorway near the liquor store without a physical description from a witness or other basis to believe the individual committed the crime, the officer has the arrest is made without probable cause and the charges can be dropped. However, if the prosecutor receives other corroborative evidence that suggests the defendant robbed the store, the prosecutor can retry the charges or possibly avoid a dismissal.

error in the prosecution

When a law enforcement officer drafts a criminal complaint or indictment document, the officer must sign the document under oath and certify the truthfulness of its contents. State and local laws determine what information a complaint or prosecution document must contain. If the complaint is inconsistent with state or local law because of a material error or omission, the prosecutor cannot simply hand-edit the document and present it to the court. The officer who wrote the complaint and signed it under oath must make these changes. If the officer retires or quits his job before the error is discovered, or is otherwise unavailable and no other officer was involved in the case, the prosecutor may have to dismiss the complaint.

Illegal Stopping or Searching

A law enforcement officer can only stop a vehicle or person on the road under certain circumstances, e.g. B. if the driver is speeding or breaking other traffic rules or the police officer has reasonable suspicion that a criminal offense is being committed. When an officer arbitrarily stops a person or car, or stops for the driver’s race, stopping is illegal and violates the person’s constitutional rights.

Police can search a person, car or home with a search warrant or when an exception allowing a search without a search is in place. For example, police may search a person without a warrant after arresting the person for a crime or when an officer has reasonable grounds to suspect that the person is carrying a deadly weapon. Police can search a car without a warrant after arresting a driver for drunk driving or another crime. Police can enter a home without a warrant in an emergency, for example after hearing that shots have been fired inside the home.

When the police conduct a search without a warrant and no special circumstances warrant the search, no evidence gathered during the search can be used against the accused to prove the crime. In this case, the defense can request that the case be dismissed because the prosecution has no evidence to support the charges against the defendant.

Insufficient Evidence

When a defendant is arrested and charges are pending against them, the prosecutor must present the case to a grand jury or judge to prove the charges are valid. In principle, the prosecutor must present evidence showing that the accused has committed a crime. As with arrests, the evidence must provide an objective factual basis to believe that the accused committed the crime. If the prosecutor does not fulfill this obligation, the charges must be dropped. In some cases, a prosecutor might decide there is insufficient evidence to advance the case and drop the charges of his own accord.

Unavailable witness or lost evidence

If a key witness is unable to testify or prosecutors lose key physical evidence, the prosecutor may have no choice but to drop the case for lack of evidence. In some cases, physical evidence is so important that the prosecutor cannot prove the case without it. If a witness disappears, dies, or refuses to testify on Fifth Amendment grounds (because his testimony could incriminate him since it shows he also committed a crime), the prosecutor may not have a case.

In some cases, it also depends on whether a witness can identify the accused as the perpetrator. Without the identification, the other evidence may not be strong enough to reach a conviction. If, after initially identifying the accused, a witness determines that he or she is unsure and unable to identify the accused at trial, the prosecutor may decide that without identifying the witness there is insufficient evidence to win the trial, and a dismissal order is initiated.

In some cases, the defense will challenge the police’s process of obtaining the defendant’s witness identification by questioning the manner in which the police conducted a filing or raising other issues with the witness identification process. If successful, the judge may not allow the witness to identify the accused in court.

Can the prosecutor drop the charges?

In rare cases, a prosecutor may agree to drop criminal charges if extenuating circumstances exist. For example, a prosecutor might dismiss a minor charge (such as a charge of trespassing or loitering) when the defendant has a clean record and the facts may be questionable (did a police officer go too far in filing criminal charges rather than an area of ​​hooliganism clear). teenagers or partying adults?).

Prosecutors can drop the charges “undisturbed,” allowing the prosecutor to reopen the case at a later date within a specified time limit. A prosecutor can agree to dismiss a minor charge so long as the defendant does not file new charges or get into trouble within one year. If the accused is re-arrested, the prosecutor can re-introduce the original charges.

If a victim requests that the charges be dropped, in very rare cases a prosecutor may agree to this. Normally, the victim of a crime does not have the power to control whether a criminal case is pursued. However, it is within the prosecutor’s discretion to determine what constitutes justice in a case, and the prosecutor must do what is fair in criminal cases. This means that a prosecutor could decide to drop a sexual assault case at the victim’s request because testifying in court would cause such emotional damage to the victim that the long-term effects would be more devastating than the rape itself.

Can charges be dismissed after a successful appeal?

When it comes to dropping the charges, most of the time people are concerned about not going to court or making a plea, as the above scenarios explain. But there is another way to get the charges dropped, even if the case went to court and the defendant lost. A convicted defendant who wins his case on appeal can sometimes obtain an appellate court order for the lower court (the trial court) to dismiss the case after the conviction, or to grant an acquittal (instead of trying again).

Poor arrest or search

An order to drop a case may be issued when the Court of Appeals, after overturning the conviction based on a poor search or arrest, reviews the remainder of the case and finds that there is insufficient evidence to warrant further proceedings. For example, if the case is dropped due to insufficient evidence to warrant the arrest of the defendant (and no other evidence suggests that the defendant would have been arrested for that crime anyway), the court may conclude that there is no evidence remaining to order to bind the accused to the crime.

Similarly, if the appellate court rules that a search was unconstitutional and further finds that the evidence should not be considered, it may result in prosecutors not having sufficient evidence to establish a finding of guilt with respect to one or more items to support the charge.

Insufficient evidence to support the jury’s finding

Occasionally, an appellate court will overturn a guilty verdict on the grounds that the jury did not have enough evidence to support their conclusion. More often than not, the defense will have asked the trial judge to issue an acquittal verdict before the case went to the jury, and the trial judge will have denied that request. On appeal, the defendant makes the same argument; occasionally he wins. The appeals court reverses and directs the trial judge to enter an acquittal verdict.

No jurisdiction

Courts can only hear cases that the legislature and the constitution authorize them to hear. Every now and then a court will overstep its bounds and hear a case that it has no right to hear. For example, federal courts may hear cases involving federal property but not state property. Imagine a robbery on land that the federal court believes belongs to the government, but the property is found out (on appeal) to be state land. The federal appeals court would vacate the conviction (with the state free to try the crime in a state court).

Contact a lawyer

If you are charged with a crime, contact a local attorney immediately. A criminal defense attorney can review a criminal case and the evidence to determine if there are grounds for filing a dismissal motion. There may be reasons for dismissing charges that are not mentioned here. The attorney may also approach the prosecutor and try to persuade him to drop the charges or try to negotiate a dismissal agreement.

The police will ask you to explain in writing or via video what you saw – this is your testimony. They will ask you to sign it to confirm it’s true.

People involved in the case, such as lawyers or the judge, will read or view your testimony. You could also use it as evidence in court.

The police officer taking your statement will give you the name and contact details of the officer in charge of the case – you can always contact him if you have any questions.

Be sure to let the police officer who is taking your statement know if there are dates when you cannot testify in court – for example, if you are going on holiday.

The police will contact you if they need your help again – for example, if they want you to identify a suspect.

What happens next

The police will contact you if you need to testify in court – this may take some time. The preparation of court proceedings can take a long time.

If you are the victim of the crime

Someone will contact you if:

The police are investigating a suspect

the case is not progressing – for example because there is not enough evidence

A suspect is released on bail – meaning he will not be held by the police before trial

Find help and support if you are a victim of crime on GOV.UK.

How to change or withdraw your declaration

Notify the appropriate police officer as soon as possible.

The police will likely require you to testify in court to settle the case. Don’t feel pressured to do something you don’t want to do – you should do what feels right.

If you withdraw your statement, the case could still go to court if police feel they have enough evidence to pursue the suspect.

If you want to withdraw your statement because you are afraid to testify, you should tell the police how you feel. You may be able to get additional help in court – see if you can get additional help.

If you are afraid to go to court as a witness

You can get free and confidential help from the Witness Service. They can give you emotional support and help you understand the court process.

Learn more about the Witness Service and how to get help.

If you don’t want to go to court

You should talk to the person who asked you to go to court and tell them how you feel. Maybe there’s something they can do to make going to court easier.

You may still have to go to court even if you don’t want to – it depends on how important your evidence is to the trial.

If you need to go to court, the court can send you a summons to witness. If you receive a subpoena, you must go to court if the subpoena directs you to do so. You’ll find out what happens when you receive a witness subpoena.

If you don’t want to go to court because someone is intimidating you, you should get help. You can figure out what to do if you’re being intimidated.

If you have been charged with a criminal offense you may feel anxious, anxious and worried. We can understand that. Again and again we are asked whether the charges can be dropped in court. And it’s true – a good lawyer can help you get your case dismissed before you even go to court, and you don’t have to face a judge or a jury. This article describes the who, what, why, and when of filing criminal charges.

What is “drop cargo”?

If a person is alleged to have committed a crime, the victim or the police will file a criminal complaint against them. The indictment forms the basis of the criminal case that is established against the accused and lists the crimes allegedly committed. If the charges are dropped, it usually means the case has been dropped or closed. The public prosecutor speaks of an “interruption”.

There are two main reasons why fees are dropped:

There is insufficient evidence to prosecute the person responsible for the crimes they are accused of; and/or It is not in the public interest to prosecute the individual for a variety of reasons.

This is called “full code testing”. But what do these parts of the test mean?

In criminal cases, the public prosecutor’s office must prove their case beyond any doubt. In other words, there is no doubt about the person’s guilt. So if a prosecutor sees a lack of evidence to prove something beyond a reasonable doubt, or the evidence he has is weak and unconvincing, he can choose to drop the charges.

The same applies in the event that evidence is lost or unavailable. Evidence may not be available if witnesses who would otherwise provide oral testimony or eyewitness accounts are unwilling to appear in court. It may also be that the defense attorneys have much stronger evidence than the prosecution and would be more convincing to a judge or jury. In these cases, a prosecutor can also decide to drop the charges.

The last question the prosecutor asks is whether there is a realistic prospect of a conviction. In this regard, there are factors that the prosecutor would consider, such as: B. the reliability of the evidence, the credibility of the witnesses, and whether the evidence can be corroborated (which contributes to its strength).

For various reasons, it may not be in the public interest to prosecute a case. Aside from considering their caseload and cost-effectiveness, there are a few other important reasons not to pursue a case. There could be a problem here with how the accused was arrested or evidence obtained. There are strict rules about when and how evidence may be collected, and if these are violated all evidence could be thrown out of court. Prosecution would not make sense then.

But prosecutors will also consider how serious the offense is. For example, they would fight to prosecute a rape case as opposed to petty theft. They will review all of the circumstances of the case, including the alleged offender’s age, whether they had learning or mental disabilities, the impact of the alleged crime on the wider community, and whether a criminal case is merited. For minor crimes, this may not be the case.

Who “drops” the charges?

Although the victim often reports the alleged crime to the police, they have no control over the criminal proceedings against the alleged perpetrator. The prosecutor is responsible for the case. Therefore, the prosecution decides whether or not to drop the charges. On rare occasions, police may drop charges for lesser offences.

However, the victim plays a certain role in the process. In some cases, the victim asks the prosecutor not to pursue a criminal case, and the prosecutor agrees. However, it is important to note that the prosecutor is responsible and has the discretion to drop the charges if he decides that the evidence is insufficient or that prosecution is not in the public interest. This is common in domestic violence, especially when the victim is afraid or does not want to disrupt the relationship with the accused.

When can fees be dropped?

Ideally, the charges will be dropped at any time before the trial. This way, there is no need to participate in a negotiation at all. However, the charges can be dropped at any time before the trial or up to the point where the prosecution has finished presenting their side of the case. If the charges are dropped after the trial has begun, the prosecution must apply to the court for the charges to be dropped, and the court may or may not give its approval.

In order for a charge to be dropped, the prosecutor withdraws either some or all of the charges. If a charge is dropped by many, the remaining charges can still be pursued.

What happens when a charge is dropped?

If a charge is dropped prior to trial, there is no criminal trial. This means your case will not go before a judge and jury, and you will not have to testify in court or risk being found guilty.

If you are in custody, you will be released immediately (or as soon as possible) if the charges are dropped. The police or the Crown Prosecution Service (CPS) will inform the prison that the charges have been dropped and you will be released as soon as possible.

Importantly, dropping the charges does not mean that the CPS cannot pursue the case later. In certain circumstances, the CPS has the right to reinstate the charges and go to court for a full trial. Often this leads to people saying that this violates the rule of “double jeopardy” – a rule that a person cannot be charged twice with the same offense and which is a crucial rule in the criminal justice system. The thought then is, if the charges are dropped, they cannot be reinstated. This applies, but not to serious cases where there is new evidence that increases the likelihood of a conviction. In its notice to you, the CPS must state whether the case against you can be reopened. This can give you peace of mind when you realize your case cannot be reopened.

If a charge is dropped, will it go on my criminal record?

If a charge is dropped before a trial has begun, the charges will not appear on your criminal record. However, if the charges are dropped after a trial has begun with the court’s consent, it may be recorded on your criminal record.

Note that an arrest can always turn up in searches of the National Police Computer (the information from which is used for certain background checks), but this does not mean that you have been found guilty of a crime. The presumption of innocence, central to the criminal justice system, means that you are not guilty even if you have been arrested for a crime that is ultimately proven not to have been committed.

How do I get the Crown Prosecution Service to drop my charges?

It’s all well and good to know when fees can be dropped and who can drop them, but how is it done in reality? Someone needs to convince the CPS that your charges aren’t worth pursuing. This is usually done by convincing the CPS and arguing that (i) there is insufficient evidence and (ii) it would not be in the public interest to prosecute them. For example, you could convince the CPS that your case is stronger based on the evidence you have, or that there are special circumstances that make it against the public interest to pursue the case.

That sounds like a daunting task – and it is! For this reason, it is important to find criminal lawyers with the right expertise and experience dealing with the courts and the CPS in particular. The right lawyer can make all the difference in keeping you out of court.

How do I know if a charge has been dropped?

A notice will be served setting out the fees that will be dropped, any fees that will not be dropped and the reasons why. The notice will also let you know if the charges may be levied again in the future. Your lawyer will usually let you know directly if your charges have been dropped, but you can also find out from a police officer working on your case or from a letter in the post.

Where can I find help to drop fees?

Criminal defense attorneys aren’t just for the courtroom. If you’ve been charged with a felony, it’s time to find a good attorney who can work with the police and CPS to try and have your charges or charges dropped before you reach court. And while this is not a guaranteed outcome, it is good to have lawyers with years of experience dealing with the right people to represent you in and out of the courtroom. Contact us now for a no-obligation consultation to see how we can help.

180 votes

If you have already reached a compromise with the complainant, we suggest that you write an agreement with him and have it notarized as soon as possible.

The procedure to set aside the FIR under the relevant sections you mentioned can only be carried out by the Hon’ble High Court and we would need to file a joint petition along with the Letter of Intent signed between you and the opposing party.

We would like to see the content of the FIR to guide you more appropriately and suggest actions to avoid possible arrest by the police.

If you’ve been charged with a crime, you’re most likely going through one of the worst times of your life. Perhaps you fear jail time and heavy fines. While many criminal cases are resolved through plea agreements, some are decided in court or through pleadings by a defense attorney. In some cases, bringing up the defense may result in the charges against you being dismissed.

Common reasons for filing a motion to have your criminal case dismissed

Whether you have reason to request that the charges against you be dropped depends on the facts of your case, how the police dealt with your arrest and the evidence against you. Reasons you may want to make this type of application include:

No probable cause. The police must have reasonable grounds to believe that you have committed a criminal offense, been driving under the influence, or broken a traffic law in order to stop you or your vehicle. If the officer didn’t have a good reason to suspect you, you may be able to drop the charges against you.

illegal search. The police can only search your vehicle or home if they have a valid search warrant or in special circumstances – e.g. B. if you agree to the search, you have already been arrested or there are emergency situations. If the search is illegal, any evidence obtained by the police could be suppressed. This could result in the police not having a case against you.

lack of evidence. The police must have sufficient evidence to determine that you have committed the crime you are being charged with. If the judge thinks the evidence wasn’t strong enough, he could dismiss the case.

Lost Evidence. If vital evidence needed to prove that you committed the crime is lost, the charge against you may be dismissed by the judge or voluntarily by the prosecutor. If the police cannot show the proper chain of titles – that the evidence was properly handled from the time the police accepted it into evidence until the trial – the evidence could be suppressed. If the evidence is vital to proving your guilt, the prosecutor may not have a case.

Missing Witnesses. If a witness is absent or refuses to testify (and his testimony is critical to the prosecution against you), the judge may grant a motion to dismiss the charges, or the prosecutor may voluntarily drop the case.

Lack of disclosure of Miranda Rights. If the police have not granted you your Miranda rights, or have not properly granted them, your statements – including a confession – may not be used against you. Sometimes this can be the main evidence the police have against you. However, there are exceptions when rights are not properly granted to Miranda, which does not limit the police’s use of your statements.

If you’ve been charged with a felony, DUI, or traffic violation, you need an experienced criminal defense attorney who will review all of the defense options that could result in your charges being dismissed. Contact The Law Firm of Easley at 888-386-3898 to schedule a free consultation and learn more about how we can help you achieve the best possible outcome.

When faced with a criminal charge, you may wonder how such charges can be dropped or dismissed. Houston attorney Neal Davis has successfully dropped or dismissed many charges throughout his career, and he may be able to help you too.

But first, let’s answer some frequently asked questions.

It’s worth noting that not all criminal charges go to trial. In fact, many charges are dropped during pre-trial negotiations between prosecutors and defense counsel. But only the prosecutor can drop such charges.

That can happen when you’re represented by a knowledgeable criminal defense attorney like Neal Davis. Neal Davis is aware of many factors that can go against the prosecution’s case, from insufficient evidence to lack of credibility of the witnesses to inadmissible evidence.

Neal Davis also understands that there is an important difference between dropping charges and dismissing charges.

What does it mean when a case is dismissed?

In a way, they are the same, as both result in a defendant being released. However, the charge can only be dismissed after such a charge has been made. A charge may be dropped before or after a charge is filed.

You may need to have the prosecutor drop the charges or have the prosecutor dismiss the charges, although a court can dismiss the charges if the prosecutor made a fundamental error of law in the case.

Either way, Neal Davis can help you.

Note: This article focuses on obtaining a release for active or pending criminal charges. For those interested in previous case discharges, please read our related article on Expunction: How to Clear Your Criminal Record in Texas.

Why are prosecutors dropping the charges?

Why prosecutors drop charges can be due to many factors. This includes when a victim in a criminal complaint — a victim the case is built around — chooses not to cooperate. The victim may have changed their mind and it is pointless for the prosecutor to proceed without further evidence.

Here are five other possible reasons your attorney may drop or dismiss your charges:

Insufficient Evidence. A prosecutor can drop a criminal charge if it finds that the evidence against the accused is not strong enough. Or perhaps new evidence will be found that undermines the prosecution’s argument against the defendant. Your attorney may be able to intercede with the prosecutor and the state attorney general’s office during the initial review of police reports, arguing that there is no basis for bringing a formal charge against you due to insufficient evidence. If charges are filed despite insufficient evidence, our attorney may file a motion to dismiss the case.

. A prosecutor can drop a criminal charge if it finds that the evidence against the accused is not strong enough. Or perhaps new evidence will be found that undermines the prosecution’s argument against the defendant. Your attorney may be able to intercede with the prosecutor and the state attorney general’s office during the initial review of police reports, arguing that there is no basis for bringing a formal charge against you due to insufficient evidence. If charges are filed despite insufficient evidence, our attorney may file a motion to dismiss the case.

Violations of the Fourth Amendment. The Fourth Amendment protects citizens from unlawful searches and seizures by police, investigators and law enforcement officials. Any illegally obtained evidence can and should be excluded from the process. Prosecutors can drop a criminal charge if some of their evidence is found to have been legally obtained and is inadmissible in court. An experienced defense attorney can show that this happened, possibly because the police failed to obtain an appropriate search warrant to locate evidence. Any evidence found without a proper warrant is then considered inadmissible and may result in a prosecutor dropping or dismissing the charges.

. The Fourth Amendment protects citizens from unlawful searches and seizures by police, investigators and law enforcement officials. Any illegally obtained evidence can and should be excluded from the process. Prosecutors can drop a criminal charge if some of their evidence is found to have been legally obtained and is inadmissible in court. An experienced defense attorney can show that this happened, possibly because the police failed to obtain an appropriate search warrant to locate evidence. Any evidence found without a proper warrant is then considered inadmissible and may result in a prosecutor dropping or dismissing the charges.

procedural issues . Police and prosecutors must follow strict criminal procedures when making an arrest, booking, interrogating, scheduling a bail hearing, or engaging in pre-trial activity. When a defendant’s rights are violated, these procedural errors can actually be grounds for a dismissal or a reduced sentence. However, these matters can be complicated, so it is important that you work with an experienced and knowledgeable defense attorney.

. Police and prosecutors must follow strict criminal procedures when making an arrest, booking, interrogating, scheduling a bail hearing, or engaging in pre-trial activity. When a defendant’s rights are violated, these procedural errors can actually be grounds for a dismissal or a reduced sentence. However, these matters can be complicated, so it is important that you work with an experienced and knowledgeable defense attorney.

lack of resources . The reality is that prosecutors and district attorneys often have far too many cases to deal with than they can handle. As a result, they may be forced to allocate their time and resources to specific priority cases while dropping or dismissing minor crimes. This is more likely if you are charged with a minor offense and you have no criminal record.

. The reality is that prosecutors and district attorneys often have far too many cases to deal with than they can handle. As a result, they may be forced to allocate their time and resources to specific priority cases while dropping or dismissing minor crimes. This is more likely if you are charged with a minor offense and you have no criminal record.

willingness to cooperate. If prosecutors determine that you are willing to work with authorities to help solve other crimes or other circumstances, your attorney might persuade them to negotiate a deal where they reduce your sentence or your case altogether drop/reject.

In the case of violations of the Fourth Amendment, police may, under certain circumstances, search a person, home or car without a warrant. If the police have reason to believe that an arrested person is carrying a criminal weapon, a search may be conducted.

Police can also search a vehicle after the driver has been arrested for drunk driving (DWI). Or the police can go into a house without a search warrant in an emergency, for example if there is a gunshot.

However, a charge may be dropped if the suspect is found to have been stopped illegally or had no probable cause for arrest. The police must be able to reasonably assume, based on clear facts, that an arrest is appropriate. The police cannot arrest you based on gut instinct or “profile” your race.

In any event, your defense attorney can make your case that charges should be dropped by pointing these grounds to prosecutors.

Why are courts and prosecutors dropping the charges?

After charges are filed, prosecutors and sometimes courts can dismiss such charges for some of the same reasons charges are dropped before they are filed. Evidence may be scant, witnesses may not be available, or illegal tactics may have been used to gather evidence or make arrests.

Again, a criminal defense attorney can help drive this process, which is best done early in the trial or during what is known as the pre-trial phase.

Before a defense attorney goes to court, he can argue that the prosecution’s case will not prevail at trial and ask the prosecution to dismiss or drop the charges. The public prosecutor can counter with an offer to reduce the charges. Your lawyer can then counter that the reduced fee cannot be enforced in court either.

What is a grand jury dismissal?

As for a grand jury dismissal, this occurs when a grand jury is convened to consider the indictment of an indictment and it is determined that the case is not strong enough. The grand jury can then dismiss or “no-bill” the indictment, or the prosecutor can dismiss it. Prosecutors prefer doing this to spending time prosecuting a case they can’t win.

Again, dismissal by the grand jury can only occur prior to the possibility of a grand jury indictment.

What about reducing a fee?

You may be wondering about the possibility of reducing a fee. This can be done when the evidence is not strong enough for a particular charge, but it can be strong enough for a lesser charge.

Prosecutors can then offer a “plea bargain agreement.” This occurs when prosecutors agree to dismiss the original charge, if the defendant agrees to plead guilty or to contest a less serious charge instead.

Neal Davis can guide you and protect your legal rights in settlement agreements. He may even advise you to reject such an agreement if the arguments against the original charge are weak.

Keep in mind that under Texas law, in most cases, the original charge will not be erased or removed from your file after a plea agreement is reached, even though you did not go to court on those charges. However, if you were confronted with the original charge and not convicted, it could be erased from your criminal record.

How to drop or dismiss your charges

As you can see, there are many ways to have your charges dropped or dismissed. But for that to happen, you must first consult a knowledgeable criminal defense attorney like Neal Davis.

Neal Davis is no stranger to investigating factors such as insufficient evidence, Fourth Amendment violations and procedural errors. He’s managed to drop or dismiss many charges before a case goes to court – and maybe he can help you too.

Get a legal review of your case today

tell the police

When you witness a crime, you play a crucial role in bringing the perpetrators to justice.

When you witness a crime, you play a crucial role in bringing the perpetrators to justice. You may be upset and doubting whether you should report what you saw. There is no legal obligation to contact the police, but the information you give them could bring a criminal to justice. Reporting the crime to the police could prevent further crimes and protect others from becoming victims.

Only with your help can the criminal justice system work effectively.

There are several ways to report a crime to the police:

Emergencies: In an emergency, you should call 999 and ask for the police

: In an emergency, you should call 999 and ask for the police. Non-Emergency Situations: In non-emergency situations, you should call your local police station or go to the nearest police station with a reception desk.

The police take all crimes seriously; You can expect them to listen to you, treat you with respect, and make a statement. They can also put you in touch with organizations that can help you like Victim Support.

Report a crime anonymously

If you do not wish to speak to the police and/or wish to remain anonymous, you can report a crime to Crimestoppers by calling 0800 555111 or by visiting www.crimestoppers-uk.org and completing the online form.

make a statement

A witness statement is your written or videotaped account of what happened to you. A police officer will ask you questions and write down what you said. You will be asked to read it and sign your name. When you sign a testimony, you represent that you agree that the testimony is a true and fair representation of your experience. Your testimony can be used as evidence in court.

You should be given the name of the officer taking your statement, as well as their rank and number. You should also be given the name of the officer who will be in charge of the case and their contact details. This may be the same officer taking your statement.

You will receive a leaflet “Testimony to the police – what happens next?”. This leaflet explains who to contact to find out how the case is progressing and what next steps to take.

Sometimes people are afraid to give testimony. They fear being intimidated by the perpetrator or their friends. This is very rare.

investigate crime

Police investigations can take a long time. It may be several months before you hear anything about the case.

The next stage is investigations, during which the police gather evidence. The police may ask you to visit the area where the crime occurred to identify the perpetrator. They may also ask you to look at photos or attend an identity parade.

Police investigations can take a long time. It may be several months before you hear anything about the case.

Once the police have completed their investigation, the case will be referred to the Crown Prosecution Service (CPS). The CPS then decides whether to charge the suspect.

The difference between the police and the CPS

The police: The police arrest and question, collect evidence and take testimonies.

: The police arrest and question, collect evidence and take testimonies. The CPS: The CPS is responsible for the prosecution and prosecution, it decides whether the evidence is good enough to go to court.

Personal statement of the victim

In addition to giving testimony, you can, if you wish, provide personal testimony from the victim. This gives you the opportunity to say how the crime affected you personally.

In addition to giving testimony, you can, if you wish, provide personal testimony from the victim. This allows you to include anything you didn’t say in your testimony and could include:

How the crime affected you physically, emotionally, or financially

Whether you feel vulnerable or intimidated

If you fear the accused will be released on bail

Whether you are considering claiming compensation

Anything you think might be helpful or relevant

The testimony can be given at the same time as your testimony and can be supplemented at any time before the court hearing. It becomes part of the papers that the court sees; including; the police, the prosecution, the defense and the magistrates and judges of the courts. This way the staff can help you throughout the case.

If you are a child or a vulnerable adult, your parents or guardians can provide the victim’s personal testimony for you if you wish.

If the case goes to court, you may be asked questions about your testimony in court. You may be asked about how the crime affected you or about any loss, injury or damage you suffered.

You can neither withdraw nor change a declaration once it has been made. However, you can always make another statement that clarifies or changes what you said in a previous statement.

intimidation

Witness intimidation is very rare. If you fear intimidation, there are several things you can do to help.

Witness intimidation occurs when an attempt is made to threaten or persuade a witness not to testify before the police or in court, or to testify in a manner favorable to the accused. In most cases, the perpetrator is the accused or the accused’s family or friends. It is generally accepted that intimidation is more likely to follow violent crime, particularly domestic violence and vandalism.

Another form of intimidation can be described as “cultural intimidation”. This happens when the victim’s family or friends or witnesses try to dissuade him or her from cooperating with an inquiry or investigation. This can be for a variety of reasons, including shame on the victim’s family. In addition, within a culture there may be norms of behavior for dealing with criminal matters that do not involve the formal branches of the criminal justice system.

Section 51 Criminal Justice and Public Order Act 1994 provides for two criminal offences:

Section 51(1) constitutes a criminal offense directed to acts against any person who is collaborating in, or is a witness or potential witness or jury member or potential juror in, the investigation of a criminal offense while an investigation or judicial proceeding is in progress; and

Section 51(2) constitutes a criminal offense directed towards acts against a person who has participated in an investigation of a criminal offense or who was a witness or juror at the conclusion of an investigation or judicial proceeding.

The offenses are negotiable one way or the other. In the local courts, the maximum penalty is six months imprisonment and/or a fine up to the maximum legal limit. At the Crown Court, the maximum penalty is five years’ imprisonment and/or a fine.

Such offenses go to the heart of the administration of justice. Where there is sufficient evidence of witness intimidation, the public interest requires that such cases should normally be prosecuted.

Intimidation is very rare. The Crime Survey for England and Wales: Year to September 2015 found that ‘people who are intimidated, verbally abused or harassed’ increased to 3.5% from October 2013 to September 2014 from 3% in the previous survey.

Find out more about the ONS Crime Surveys for England and Wales

protect witnesses

There are several ways to protect witnesses:

Criminal and civil proceedings can be instituted against the intimidators, who may then face imprisonment

Special hand and security alarms can provide additional security

In rare cases, anonymity can be granted; and

In very serious cases and extreme circumstances, witnesses can be given protection and transferred to another part of the UK and even change their identity.

If you are concerned about intimidation, you should speak to the police.

Learn more about witness protection and anonymity

decision to indict

After the police have completed their investigation, they ask us for advice on how to proceed. We decide whether to charge a suspect and what the charges should be.

role of the prosecutor

The Crown Prosecution Service (CPS) is the independent agency responsible for prosecuting anyone in England and Wales who has been charged with a crime by the police.

In this function we take over:

Advise the police on cases for possible prosecution

Reviewing cases submitted by the police for prosecution in accordance with the principles of the Code for Crown Prosecutors

Consider the alternatives to prosecution in appropriate circumstances

If the decision is to prosecute, determine the charges in all but minor cases

Prepare cases for court

Present these cases in court.

Once the police have completed their investigation, they will refer the case to us for advice on how to proceed in all but the most minor and routine cases. We will then decide whether a suspect should be charged and how much that charge should be.

The Crown Prosecution Service does not act on behalf of victims or victims’ families in the same way that attorneys act for their clients. We act on behalf of the general public and not just in the interests of individuals.

Our prosecutor will read the file and will consider the two tests set out in the Code for Crown Prosecutors, which sets out the basic principles Crown Prosecutors must follow when making prosecution decisions. These tests must be applied in any case.

The Evidence Review

The prosecutor must first decide whether there is enough evidence against the accused to have a reasonable chance of a conviction.

This means that the judge or jury most likely found the defendant guilty of the charge. If there is no realistic prospect of a conviction, the case must not proceed, no matter how important or serious it may be.

It is the duty of every prosecutor to ensure that the right person is prosecuted for the right crime. Prosecutors must always act in the interest of justice and not just to obtain a conviction.

The public interest test

If the Crown Prosecutor decides that there is a realistic prospect of a conviction, he must consider whether it is in the public interest to prosecute the accused. While the public interest varies from case to case, generally speaking, the more serious an alleged crime, the more likely it is that a public interest prosecution will be required.

Prosecution is less likely to be required, for example, where a court would be likely to award a minor or symbolic sentence, or where the harm associated with the offense was minor and resulted from a single incident.

The interests of the victim are an important factor when considering the public interest. Crown prosecutors will always consider the consequences for the victim and any views expressed by the victim or the victim’s family.

decision not to press charges

If the Crown Prosecutor decides that a prosecution should not proceed, the case is dropped, usually through what is known as a “shutdown”. Unless there are special circumstances that make this inappropriate, you will be given the reasons for the decision to close the case.

Often the most difficult decision can be concluding that there are not enough cases to go to court, even when the public favors prosecution.

The decisions made by the CPS are based on publicly available, clear and visible legal guidelines.

If a prosecutor decides not to press charges against a suspect, drops proceedings, or fails to produce evidence in a case, you have the right to request that we review that decision under the Victims’ Right of Review. Details of how to request such verification are provided elsewhere in this section of the site.

Keep you up to date

Once a charge has been filed, the police will forward your file to your local witness support unit. They ensure victims and witnesses are at the center of the criminal justice system. The Witness Care Unit manages the care of victims and witnesses from indictment to the closure of a case. They are occupied jointly by representatives of the police and the public prosecutor’s office.

The Witness Care Unit will assign you a dedicated Witness Care Officer. Your Witness Advisor will act as your single point of contact and will keep you informed of the progress of the case, from the indictment of the suspect to the conviction or acquittal of the accused.

Your Witness Advisor will assess the needs of all victims and prosecution witnesses where defendants have pleaded not guilty. This helps identify specific support needs, such as childcare, transportation, language difficulties, medical issues, and to highlight problem areas such as when you feel you are being intimidated.

They will continually review your needs throughout the duration of the case. They will also work with Witness Service volunteers to provide practical and emotional support.

Legal Obligations

According to the Code of Conduct for Victims of Crime, the Witness Care Unit is required by law to:

| By Andrew Moses | Reading Time: 4 minutes Criminal Defense

When the police receive an emergency call, they often find themselves in a chaotic and emotional situation. It’s her job to find out what happened.

They will take testimony from individuals and look at any available physical evidence. Then the investigating officers have to make a phone call: will they arrest someone or charge them with a crime?

Contrary to what most people think, the police can press charges even if the victim asks them not to proceed.

If the police charge you when the alleged victim doesn’t want to press charges, you still need an experienced and dedicated criminal defense attorney on your side.

At Moses & Rooth we know how important it is to fight for our customers. As former prosecutors, we know how prosecutors think. This allows us to anticipate how the prosecutor might handle your case and develop a defense strategy that gives you the best chance of a favorable outcome. Contact us today.

Can the police press charges without the victim’s consent?

You’ve been in jail, posted bail, and now you’re going to court. But what if the victim doesn’t want to report it? Many people think that a victim can “drop the charges,” but that’s not true. You may still have to go to court, and the case may continue in court, although the alleged victim does not wish to press charges.

You may be wondering: how can this happen? The answer lies in how the criminal justice system works.

When the police receive a call reporting a crime, they respond at the scene and investigate. They can charge someone if the evidence they have gathered provides a probable reason to believe that someone has committed a crime. Even if the alleged victim says they don’t want to press charges, police might look elsewhere for evidence to form a probable cause.

Likely cause is low standard of evidence. Probable cause essentially means that the police have enough evidence for a reasonable person to believe that a crime took place and that the accused committed the crime.

Therefore, when the police arrive at the scene and take statements from everyone, they can arrest you if others say you have committed a crime. Even if you protest or try to present your version of events, the evidence collected could provide police with a likely basis for an arrest. That’s not very fair. However, the situation can turn dramatically in your favor when you go to court.

What is the difference between probable cause and beyond a reasonable doubt?

While the police only need a probable cause to charge someone with a crime and make an arrest, the prosecutor has a heavier burden.

The presumption of innocence applies in court. The prosecutor has a duty to prove your guilt beyond a reasonable doubt in order to convict you. Otherwise, you must be found not guilty, even if the police had probable cause to arrest you.

Prosecutors will evaluate the evidence they have for strengths and weaknesses. Failure to cooperate with the alleged victim is an obvious weakness of the case. However, that doesn’t mean there’s a lack of evidence to press charges. The state may be able to proceed with the case without the victim’s involvement.

What evidence can the prosecutor use if the victim doesn’t cooperate?

Evidence can come from a variety of sources. Do you remember your nosy neighbors? This person may have seen or heard something that will help prosecutors. What about the emergency call? Prosecutors are constantly reviewing 911 to see if it’s admissible in court — and if it is, it could hurt your case badly.

Prosecutors are also looking for evidence to corroborate reports of a crime. For example, photos of an injured victim and broken or damaged property are just two clues prosecutors use to corroborate the reluctant victim’s original testimony.

One of the best pieces of evidence prosecutors can use against you is your own words. Many people believe they can talk their way out of trouble. This is seldom true. You are far more likely to get yourself into more trouble by trying to talk your way out of a situation involving the police. Any words you say before, during or after your arrest can affect you later.

Why can the police press charges if the victim doesn’t want to?

Victims are often remorseful when they call the police. They could watch someone they love get arrested and immediately regret taking the drastic step of involving law enforcement. Unfortunately, at this point, the case is out of the victim’s hands because a victim does not control law enforcement: the state does. And if a prosecutor has enough evidence to convict you without the victim’s cooperation, they will.

That’s why you need a tough, reliable, and dedicated criminal defense attorney to fight for you.

At Moses & Rooth we are ready to defend your rights. As former prosecutors, we understand that prosecutors can fight hard to secure a conviction even when the victim is working against them. Don’t try to take care of this situation yourself. Contact us today to discuss your case with us. We are proven advocates for people like you.

Andrew Moses Andrew has practiced criminal law throughout his professional life. After graduating from law school, he began working as an assistant district attorney prosecuting cases in Orange and Osceola counties. During his tenure as Assistant District Attorney, Andrew handled all types of cases ranging from misdemeanors to crimes as serious as drug trafficking and armed robbery. His experience as a prosecutor helped him gain an overview of the criminal justice system and how the government justified its cases.

The phrase “filing a charge” means that a victim of a criminal act reports that act to the police and files a police report so that the district attorney or local attorney general can prosecute a case. Generally, this leads to prosecutors filing criminal charges against an accused person. Once this charge is made, the accused can be arrested and must either agree a plea deal with the prosecutor or stand trial for the crime and potentially face jail or other penalties.

An indictment is different from a lawsuit in a civil court. If a person decides to take this action, they will not benefit financially from the outcome of the case. Instead, the case will essentially be out of his hands and will be handled by a prosecutor; He may be asked to testify at a trial or to provide evidence to support the charge, but ultimately it is up to the prosecutor to develop a theory of the case, collect evidence, and try the case. In a civil action, on the other hand, the plaintiff sues and must prove that the defendant negligently or intentionally injured him; the plaintiff then demands monetary damages if he can prove these elements.

If a person decides to file a complaint, they must report the incident that has occurred in as much detail as possible. The prosecutor then reviews the information provided and decides whether or not to prosecute. Not every situation leads to an arrest or trial. Sometimes the prosecutor decides that there is insufficient evidence to arrest the accused and bring him to trial; In other cases, the prosecutor will determine that the accused’s conduct did not satisfy all the elements of the crime and therefore criminal sanctions are not appropriate.

Sometimes a prosecutor can try a case even if the victim chooses not to press charges. Because a law has been broken, the accused defendant’s actions are not only a crime against the victim, but also against the state and its laws. Therefore, a prosecutor does not necessarily need a victim to cooperate, and he can subpoena or coerce a victim to testify to prove his case, if necessary. This can occur in domestic violence cases where a victim is unlikely to have a desire to prosecute their significant other, particularly if he or she remains in the abusive relationship.

What does it mean to press charges?

Although it’s a term often heard on television or in movies, bringing charges is an important part of bringing justice to a crime victim. However, many people misunderstand what it means to report. The term means to take legal action against someone or to bring an official charge against the offending party to be settled in court. The charge must be the commission of a criminal offense and must be sufficiently proven, which is why not everyone can press charges.

Who Can Charge?

Even if you have been wronged, you cannot formally accuse the offender. You can give the police your statement and any evidence you have collected, but the suspect does not necessarily have to be arrested and charged with a crime immediately. If the police observe the crime in question, they can officially make an arrest based on their observation. If this is not the case and there is no probable cause for an arrest, law enforcement officers must collect evidence to present to the district attorney before charges can be brought against the person.

As a victim in the case, you can support the police by offering evidence or your testimony about the incident. It is often this willingness to participate in the process that leads people to believe that they are reporting. Filing a police report is the beginning of indictment, but it is the prosecutor who formally determines what charges are appropriate.

What determines fees?

The amount of evidence presented by the victim and the police informs the prosecutor of what type of charges might be brought against an offender. There are different categories of crimes and based on the evidence presented, the prosecutor determines what crimes have been committed and what could potentially be proven beyond a reasonable doubt. The charges can range from a misdemeanor to a criminal offence.

How to accuse someone

If you have been the victim of a crime, perhaps theft, vandalism, abuse or otherwise, you must officially record the incident with your local police force. You can either go to the local police station or you can call and have officers at your location where the crime took place answer. If the perpetrator is still at the crime scene, an arrest can be made immediately. This can only be done if there is a probable cause. Evidence of a probable cause includes:

Testimonies from on-site witnesses

Victim’s testimony

Physical evidence found or observed at the crime scene

Presence of physical injuries to the victim

Video or photos of the incident

statements of the accused

Filing the police report gives law enforcement authorities permission to begin an investigation into the case and file an indictment document or criminal complaint in court. From then on, the accused becomes the accused and must answer to the charges made in his file.

How long does it take to sue someone?

Even if you are the victim, you cannot compel the prosecutor to continue the prosecution against the defendant. Your cooperation will result in charges being brought, but the prosecutor must look at all the evidence and determine if the case is strong enough to stand up to a jury trial. In some cases, the prosecutor must also present the charges to a judge or grand jury to determine if there is enough evidence to proceed with a trial.

cooperation with the public prosecutor’s office

Most of the time, a prosecutor can bring charges against a perpetrator without the involvement of the victim. Some victims are afraid of what might happen if charges are brought, for example in cases of domestic violence or assault, but the prosecutor can still act. If the victim does not cooperate, it will take much longer to report the crime. Legal documents such as subpoenas must be issued, and sometimes a warrant is required for a victim to appear in court. Cooperation is the most effective way to press charges quickly.

bring private charges

Some states permit a private individual to bring a criminal complaint against an individual for a minor crime or misdemeanor. Things like simple assault and trespassing could be brought to justice without the use of a prosecutor or police involvement, but that is rare. Attempting to bring charges on your own without the help of a lawyer and the involvement of the police could lead to a significant delay in court action.

What are the duties of the prosecutor?

The prosecution of those accused of committing crimes is carried out by the public prosecutor’s office and, to a lesser extent, by the public prosecutor’s office. We are responsible for representing the State in any criminal proceeding arising from the charge by law enforcement and/or this Office of any person of a criminal offense.

How do I initiate a criminal complaint?

To report a crime, please contact your law enforcement agency or the agency responsible for the jurisdiction where the crime occurred. If you have a complaint of misconduct by a public official or are aware of a violation of voting rights, you may report it in writing to this office. If you have a complaint about a law enforcement officer, you should first report it to that agency’s Internal Affairs Division. Once your complaint has been investigated and an arrest is warranted, the case will be submitted to our office for investigation to confirm whether there is evidence suitable for prosecution.

How many prosecutors are there?

In the state of Florida there are 20 prosecutors representing 20 judicial districts. For more information on each county, contact the Florida State Attorneys.

What is the Jurisdiction?

Judicial districts are arranged geographically and administratively for our court system. There are 20 judicial districts governed by 20 elected prosecutors. These 20 judicial districts are part of the larger five circuit courts of appeals in Florida. The state Supreme Court is in Tallahassee. For a map of the 20 judicial circuits in Florida, see Geographical Map of Judicial Circuits.

What is the difference between Attorney General and Attorney General?

All criminal cases are prosecuted in local courts by prosecutors or a national prosecutor appointed by the Attorney General. AG represents the State of Florida when challenging criminal matters in the District Courts of Appeal or the Supreme Court. The Statewide Prosecutor has jurisdiction to prosecute certain criminal cases that span more than two judicial districts.

How do I find sex offenders in my area?

The Florida Department of Law Enforcement (FDLE) regulates the state’s sex offender registry. To check out your area, visit Florida Sex Offenders.

What is the crime department?

The crime department is where crimes are more serious than a misdemeanor punishable by possible incarceration in a state prison facility.

What is the Misdemeanor Division?

This department investigates violations of traffic law and administrative offences. A misdemeanor is defined by Florida law as a felony punishable by a maximum sentence of up to one year in the county jail.

What is the youth section?

Juvenile is a division of the District Court that deals with all cases of felonies and misdemeanors committed by persons under the age of 18. Standard sentencing alternatives include probation and commitment programs administered by the Juvenile Justice Department. In addition, there are many specialized diversion programs designed to address public safety concerns as well as the needs of the youth. Examples of these programs are Drug Court, Restorative Justice Program, Teen Court, Prodigy, Wake-Up, Man-Up, Stars, and Ladies First Programs. We believe that early intervention is key to leading a youth into a more positive future.

What is a grand jury?

The grand jury performs a very special function in Florida’s criminal courts. The only charge a prosecutor cannot bring under his constitutional authority is first-degree murder. All first-degree murder cases must be presented to a grand jury. A grand jury is an investigative, reporting, and prosecuting agency of the Circuit Court (or the Florida Supreme Court in the case of the statewide grand jury). It consists of citizens subpoenaed and appointed by a district court judge (or, in the case of the Statewide Grand Jury, by a judge appointed by the Florida Supreme Court). The importance of the grand jury’s power is underscored by the fact that it is one of the most independent bodies known to the law.

Things to think about before going to court:

Dress neatly and conservatively for court

Don’t memorize your statement, but try to fact-check the facts before the trial.

Relax, speak loudly and clearly, and direct your answers to the judges.

Don’t lose your temper when answering questions.

Do not discuss your testimony with other witnesses

What is the criminal procedure?

Arrest: Law enforcement makes an arrest based on the witness information. After arrest, most attackers are eligible for bail.

First Appearance: A hearing within the first 24 hours of arrest.

Decision on Filing: The Assistant Prosecutor reviews the case after reviewing information, conducting interviews, etc., and makes a decision on indictment. If the case is not filed, a No Information Notice will be filed and the defendant will be released from custody if still in prison. All charges are dropped.

Indictment: Within two weeks after the indictment decision, the accused goes to court and pleads guilty or not guilty. The case is going to court at this time and subpoenas are going to all listed witnesses. Victims have the right to be present when charges are brought; however, their presence is not required.

Testimonies: This is how the state and the defense learn about the case. Florida law allows the defense to question witnesses before the trial. You will receive a subpoena and be sworn in before testifying before an official court clerk. The defendant will not be present.

Plea: The state may offer the accused a plea. You will receive a notification by phone or email. Many cases are settled without witnesses having to go to court.

Status Conference: A hearing held to let the court know if the defense is ready to go to court.

Pre Trial Conference: A hearing held two weeks before the trial.

Continuations: The state will try cases as soon as possible. Often, however, there are circumstances that cannot be influenced and make it necessary to continue

Trial: Trial is when witnesses are needed in court. The trial usually takes place within 175 days of being arrested for a crime (called the Speedy Trial). The process usually takes place within 90 days for a misdemeanor or traffic incident.

Conviction: Once the accused is found guilty or not guilty, or pleads in court, the judge can issue a conviction. Victims will be notified of this appointment by phone or email.

Criminal Defense How to Get Dismissed in a Domestic Violence Case

by Christian Bredefeld in Criminal Defense

Personal injury in California PC 273.5

Domestic violence is serious and anyone who causes physical harm to another innocent person through unprovoked physical harm should be punished. However, sometimes these suspected domestic violence cases in which one partner accuses the other of the violence are not actually domestic violence cases as defined in California PC 273.5 and PC 243(e)(1).

Often these are just false accusations made in the “heat of the moment”. Sometimes the arguments are fueled by anger, sometimes alcohol is involved; this can “muddy the water” for some and complicate things even further.

Usually, after the argument or argument is over, when the parties or spouses “cool off,” they realize that their argument or argument wasn’t anything too serious. They want no charges to be brought against their significant other. Unfortunately it may be too late.

If someone calls the police in the heat of the moment about an alleged domestic violence argument, someone (if not both parties) will usually be arrested, even if no violence actually took place. A formal and official police report is prepared. If the person who originally called the police no longer wants to report it, it may be too late at that point.

Upon further reflection, and after they have had a chance to calm down from the argument, one party in the relationship may realize that it wasn’t actually “domestic violence.” At this point, however, prosecutors are in control, and they, not the alleged victim, will ultimately decide whether or not to press charges.

Therefore, it is important to know what a domestic violence charge means from a legal perspective and how to dismiss these charges. A criminal conviction for personal injury PC 273.5 can have devastating effects on someone’s life and reputation.

Get a criminal defense attorney

An experienced criminal defense attorney is essential to help dismiss these charges. Your attorney understands the nuances and intricacies of the law and what is required to prepare your case with the ultimate goal of dismissing all charges.

Good relationship with the prosecutor

A good relationship with prosecutors and cooperation on the part of the accused is essential. While most people believe that the victim decides whether or not to pursue charges, the reality is that the prosecutor is the one who makes the final decision.

Often the victim or suspected victim would like to drop the charges for a variety of reasons. One reason could simply be regret. For example, the argument might have been just a simple argument that was inappropriate given the nature of the relationship between the two spouses or domestic partners; There may not have been actual physical violence involved. Upon further reflection, one person doesn’t want to get their partner in trouble over a “stupid” argument.

Another reason could be fear; For example, a partner fears the consequences of a complaint against his spouse. They may fear retaliation from their spouse if charges are brought against their partner. Since the public prosecutor’s office ultimately decides, good cooperation between defense lawyers and the accused is helpful. Prosecutors may be beginning to understand that nothing too serious happened, that no actual violence was involved, and that prosecution and jail time or jail time are not warranted.

Gathering critical evidence

Gathering ALL the accurate information about what happened (before, during, and after the argument) is critical to defending PC 273.5. It is best to compile all the facts chronologically and concisely in order to formulate your best case. For example, suppose there is a history of a spouse making false accusations against their partner. In this case, it is imperative to make this behavior believable and to present these facts with as much clear evidence as possible. Evidence is crucial here.

obtaining police reports

It is important to get accurate police reports. In domestic violence disputes, the police are often called to the scene and one or both parties are arrested. Obtaining a copy of the report is imperative in order to see what has been reported and to determine its accuracy or any inconsistencies in the information in the report.

Suppose a husband is accused of causing domestic violence by hitting his wife; However, in this situation, let’s assume that the wife hit and threatened her husband first, and he hit her back only in self-defense. The husband should obtain a copy of the police report and check it for accuracy. If the account says the opposite of what actually happened (in our scenario, the opposite would be that he hit her first and not the other way around), that needs to be highlighted as part of his defense to having the charges against him dropped .

Credible character witnesses

In such situations, it helps to have credible character witnesses who are willing to testify to your good character. Someone who knows you or the situation firsthand can help explain what is actually going on in the relationship through testimony. This person could help determine that one spouse only wants to wrongly accuse the other spouse for vengeful reasons unrelated to actual legal domestic violence.

In these situations, character witnesses are an excellent resource that you can use as a tool to support your defense. They can often help bring the truth to light. The actual situation may become clearer to the prosecutor and the court; therefore, the charges against you are dismissed.

The first step to winning

A good domestic violence lawyer can help you turn obstacles in court into a fair chance of success.

Do you need a criminal defense attorney? CALL NOW: 310-274-6529

Seppi Esfandi is a seasoned criminal defense attorney with over 20 years of experience defending a wide range of criminal matters.