Legal Question in Criminal Law in Florida

A major food store would not return the balance of my membership fee when they discriminated against me because of disabilities. So I held a sign at their front entrance. A customer walked out and started a tirade of insults. We argued for a little while until I turned to sneeze. At that moment that I turned away. he took the opportunity to grab me by the shirt and punch me several times in the face. As I was getting up off the ground, one of the employees came running past me and stated that it was my fault. I knew I was not going to get fair treatment, so I left to buy a new shirt and attend to ny injuries. On the way home, several police cars pulled me over. I asked them what I did. They would not tell me unless they first read me my rights. I said that I wanted to press charges against my assailant. They refused to allow me. I had to sell my car to pay for a lawyer to defend me against unknown charges and to conduct discovery.. After discovery, I found out that five employees and the assailant lied said I intentionally bumped into him, "touched" his shoulder with mine. They all omitted the assault on myself. Lucky for them polygraphs are not permitted in criminal cases. So I filled out six petitions for Restraining Orders against each individual. I have not heard from the court about the petitions, and I have a "trial" on Dec. 27 2021. My lawyer right away wanted to plea bargain. He did not look at any exculpatory evidence, did not use his office's investigator. He had no interest in getting the truth. I fired him and went with the Public Defender. At first she said she would try to get the case dismissed because of my inability to have the competence to withstand a trial, per documentation from my doctors. The first lawyer ignored this documentation. Then the PD wanted me to plea. I am wondering who this person (my assailant) is. Some cop's father? I told her I will let her know. Where can I get help?

Asked on 11/11/21, 1:18 am

1 Answer from Attorneys

Eric Trabin Lucid Legal, PLLC

The lawyers are in the best position to help you. They are professionally trained and are more acquainted with the facts of your case.

There is so much information that is missing here. What crime(s) are you charged with? The answer may impact what is relevant and what defenses are available. Did your assailant give their information to the police? If not, it may be extremely difficult for you to figure out their information. And without knowing what you’re charged with or the facts of the case, it is impossible to know at this point whether the assailant has any impact on the crimes you might be charged with. For example, if you are hypothetically charged with battery for allegedly touching or striking the store employee, then what the assailant did previously may not necessarily exculpate you.

It’s hard to answer your question as to where you can get help. If you think the assailant’s information or identity will help your case then how you go about getting it depends on the details. If they gave their information to the police then you would be entitled to it through the discovery process. If they didn’t then the police or state can’t turn something over to you that they don’t have. You could theoretically try to have your own investigation (like hiring a private investigator) but the State can’t give you this person’s information if they don’t know it.

Additionally, it sounds like you do have an issue with there being 5 different witnesses who are testifying against you. Perhaps there is evidence that they are lying but you would have to discover it. Maybe there’s surveillance video at the store that could show the 5 witnesses are lying, but unless the police or state has a copy you would have to try to get it from the store. Good luck!

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Answered on 11/11/21, 5:36 am

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