Colloquially the Office of the State Attorney in Sanford, Seminole County’s motto when dealing with crimes of domestic violence, including domestic violence battery and assault is that the “victim is always right” Unfortunately, colloquialisms and reality are quite different. If you are arrested for any related crime of domestic violence including but not limited to battery, assault, aggravated battery, aggravated assault, battery by strangulation, battery on a pregnant person, stalking, or harassment in Altamonte Springs, Lake Mary, Longwood, Winter Springs, Oviedo, Geneva, Sanford, or elsewhere in Seminole County your case, after first appearance, will be transferred to the domestic violence misdemeanor or domestic violence felony filing division within the State Attorney’s Office. This division’s job is to determine if they believe a crime has truly occurred, if the alleged victim is willing to cooperate with the State, and most importantly, if the alleged victim wishes for criminal charges to be filed. Many times, no matter what occurred a victim does not want the Seminole County State Attorney’s Office to go forward with charges against the Defendant. During this initial stage of the criminal investigation it is important that the victim of the alleged domestic violence battery or assault let their intentions be known. Logically a victim asks how other than telling law enforcement that day or that night of the arrest can they let the prosecutor know how the feel. A victim can always consult with an attorney and have that individual attorney help them prepare a declination statement (an affidavit telling the State of Florida that the victim is declining to press charges) or by having an attorney set up a meeting with a representative of the Office of the State Attorney in Seminole County to discuss the case. Nevertheless, even with such steps taken the State at times continues to press the case. That is when a skilled Sanford Domestic Violence Attorney is needed most. A domestic violence battery lawyer sometimes must be aggressive with a case to force the State’s hand (making the prosecutor drop the charge) or by setting the case for trial and allowing a jury to hear the facts.
If you have been charged with a crime of Domestic Violence in Seminole County, call Ryan for a free consultation to discuss the facts of your individual Domestic Violence case and how to go about having the case dropped the State or an acquittal by a jury.