Do not assume the State will drop your case because the victim does not want to prosecute. It is the State’s decision alone whether to drop a case or not, not the victim’s.
- The State can, in certain situations, proceed to trial without the alleged victim in the case.
- The minimum The State of Florida can offer you on a plea to a Domestic Violence charge is on year probation with a 26-week anger management program; you cannot get time served.
In a Domestic Violence case, the first hearing is called the magistrate appearance. The Judge will inform you what you have been charged with and determine whether there is probable cause to maintain the charge based on the affidavit submitted to the Court by the arresting officer. If probable cause is found, the Judge will set a bond. Bond in these type of cases is typically a higher amount than if the same charge was not classified as Domestic (i.e. a normal charge of battery). You are entitled to a bond hearing. The State of Florida then has 33 days to file formal charges (called an information) against you. You may have the right for a motion to release on your own recognizance (ROR), meaning with no bond. If the State has not filed formal charges against you in this time frame, you have the right to be released with no money bond on your own recognizance.
The judge will issue a No Contact order. This means you and the alleged victim will not be allowed any contact whatsoever, with or without the alleged victim’s permission, until the case is disposed of. Most importantly, it is the State’s decision and the State’s decision alone whether or not to drop a case, not the alleged victim’s. Do not assume the State will drop your case because the alleged victim does not want to prosecute. The State’s case must be carefully examined from the probable cause for the arrest to the evidence the State is able to produce.
The Law Office of Daniel Rosenberg P.A. has the experience and expertise to represent you if you have been charged with Domestic Violence charges including Battery or Assault. We also specialize in Violations of injunctions or restraining orders, and Criminal Mischief. Daniel Rosenberg’s extensive background in domestic cases serves him well. Many of these cases were with the Broward County Public Defender’s Office where he was stationed in both Domestic Violence divisions as an attorney, a certified legal intern and a volunteer intern. He knows the system inside and out and that is the kind of representation you are looking for.
Daniel Rosenberg draws on his extensive experience in the domestic violence unit and has pioneered ground-breaking defense strategies in defending domestic violence cases. In addition to his trial court work, Mr. Rosenberg has served as counsel in various appeals relating to domestic violence issues including extraordinary writs seeking to bar further prosecution by the State. Simply stated, Daniel Rosenberg’s experience and knowledge of the law is vast and impressive. It carries a certain weight and respect in the system as he represents you.