Legal Question in Criminal Law in Florida

My husband and i had a dispute outside, a neighbor saw us and called the police, they over reacted,the police was called they came and arrested him and charged him with domestic violence battery and is out on bond but is not allowed contact with me, i paid the $2000 bond.There is a pre trial conference in sept but i want the charges dropped because we are fine it was just a misunderstanding, please can someone tell me what to do now to get the charges dropped? I am happy with my husband and we have an 8 year old child.

I would appreciate any advice.Thank you in advance


Asked on 8/08/12, 4:34 pm

2 Answers from Attorneys
Craig Epifanio Craig Epifanio, P.A.

Let his attorney know that you don't want to prosecute. Then, let the prosecutor know that it was a misunderstanding. That is the best way to get charges dropped. Understand though, the prosecutor has the final say on whether to charge your husband.

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Answered on 8/08/12, 4:39 pm
Eric Trabin Lucid Legal, PLLC

Your husband needs an attorney. As a former prosecutor here in Orlando, I can tell you that the State Attorney's Office does not drop charges lightly. They have a specific unit devoted to prosecuting domestic violence cases.

While you are an alleged victim and therefore have the right to provide input, the State won't necessarily do what you want. They'll do whatever they can to avoid dropping the charges.

Be careful about filing a declination of prosecution, that can often result in the State having better chances at forcing you to come to court.

The best thing you can do for your husband is hire him a private defense attorney, someone who can devote more time and attention on his case.

Please feel free to call me if you have any questions or concerns.

(407) 925-2949

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Answered on 8/08/12, 5:00 pm


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