Legal Question in Criminal Law in Florida

Re: domestic violence and drug charges

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

There is little any attorney can tell you or him to prepare him for what will happen tomorrow. He needs a qualified criminal attorney with all that he is facing. You need to consider where your marriage is and where it is heading. If this is the 9th domestic violence case, perhaps you should seriously consider seeking counseling to understand why you continue to go back to him and to help you in ending your relationship which is extremely unhealthy for both your and your child.

Scott R. Jay, Esq.

Re: domestic violence and drug charges

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

There is little any attorney can tell you or him to prepare him for what will happen tomorrow. He needs a qualified criminal attorney with all that he is facing. You need to consider where your marriage is and where it is heading. If this is the 9th domestic violence case, perhaps you should seriously consider seeking counseling to understand why you continue to go back to him and to help you in ending your relationship which is extremely unhealthy for both your and your child.

Scott R. Jay, Esq.

Re: domestic violence and drug charges

And to add to the excellent answer that Scott Jay posted, your question is "What should [you] do now?"

Go to the courthouse and get an injunction against him for domestic violence, find a good divorce lawyer, and, most of all, protect your daughter from this sleazebag.

Re: domestic violence and drug charges

The intent of this response is for informational, educational, and discussion purposes only. Legal advice can only be given after a full consultation and discussion of all relevant facts.

I do not usually give such a lengthy response, but there are a lot of issues here that you have not even begun to consider.

Your husband�s potential sentence depends on several factors. If the battery cases are charged as misdemeanors, the maximum sentence is 1 yr in County Jail; if charged as a third degree felony, the maximum is 5 years in prison (each count). I can not tell what he�s been charged with. When determining the sentence, his history will be a major consideration. For his 9th repeated offense, the State will likely seek a sentence closer to the maximum, particularly if he has been sentenced to jail in the past.

The drugs will increase his penalty, if convicted. For drugs other than a small amount of marijuana, he is probably looking at felony charges. He is probably looking at a maximum sentence of 5 yrs in prison for each controlled substance. For intent to sell, he could be looking at a maximum of 10-15 yrs per count. If he has enough of any combination of drugs with the same base, he�s looking at Trafficking, which has mandatory minimum sentences starting at 3 yrs.

He should be entitled to a bond, but it will probably be high, depending on the charges. If released, the Court will probably impose a Stay Away Order preventing contact with you and your daughter. You may be able to waive the protection for yourself, but not for your daughter; so, he probably won�t be able to come home.

He needs an attorney, now. There are too many issues and contingencies for you to evaluate his situation on your own. Getting the search suppressed sounds like the best hope of limiting his time in prison. With the potential charges, and the lengthy potential sentences, he should discuss whether he is better off staying in custody to reduce the time that he may be spending away at prison. He should also discuss whether he is better off paying for legal representation or bail.

Take a look at your own position. Did you know drugs were in the house? Were you complacent in abuse against your daughter? If you spend money to assist a known/repeated violent offender, & allow him back to your home, are you putting your child at risk or neglecting her? How far can you go in supporting your husband before your parental rights, and your liberty become in jeopardy? Stand behind your husband or your children? Difficult questions, but you have to consider them. You will not be able to have these issues evaluated by the same attorney you hire for your husband. Before you spend thousands helping your husband, spend a few hundred dollars finding out where you stand legally.