Legal Question in Criminal Law in Florida

I went to the gas station with my wife, uncle, aunt, and 3 boys to drop off my step son to his father. His father hates that I groom his son even though he does not. He got in my face yelling at me and then scolded me in front of my family. He then called the cops and told them I hit him. He had a cut on his lip which they asked me about and I of course did not admit to any wrongdoing. They questioned all the people with me who admitted there was no physical interaction, only verbal and he had no witnesses of his own. The police did not arrest me due to lack of evidence, but the step father is pressing charges. If they did not arrest me at the scene, what is the likelihood of being arrested after the state attorneys office gets it?


Asked on 4/15/12, 7:59 am

1 Answer from Attorneys
Amir Ladan The Ladan Law Firm, P.A.

While you ask a fair question, it�s not easy to anticipate what the State will or won�t do when it comes to filing formal charges, especially without more specific information. Many cases involving a battery are �he said, she said� cases where the State does in fact file formal charges. They don�t required (and very often don�t have) video evidence or DNA or an independent third-party to corroborate the story.

Based on the description you�ve provided, if the State was to file formal charges against you, they would file misdemeanor battery. If the State files a misdemeanor, it is unlikely that they will ask that a Capias (also known as a warrant) be issued for your arrest. Instead, they will issue a Summons to your last known address (the one likely on the police report) and will direct you to appear in court for an Arraignment. Should you fail to appear for Arraignment, then a warrant will be issued for your arrest for failure to appear.

I suggest you call an attorney to further discuss the case and to determine what steps, if any, you can take to protect your rights and preserve your defenses. I have offices in Longwood, Orlando and Kissimmee, should you wish to schedule a free, confidential consultation in person to discuss this further.

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Answered on 4/15/12, 8:25 am


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