Tuesday, October 28, 2014

What should I expect in a Domestic Violence / DV Prosecution? ~ Best Answer on AVVO ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1

Q:     What does it mean when the domestic violence prosecutor offers 12 month probation?  They have offered 12 months probation because they claim I have priors of drug trafficking. They are confusing me with someone else. It's not me. My name is common. My attorney seems slow in his process. What should I expect ? The victim doesn't want to prosecute. There is no physical evidence it's argument and she claimed I pulled her hair? Do I have a chance at being dismiss or given pretrial diversion at this point ?

A:  Chosen as "Best Answer" by Asker on AVVO!

Michael Adam Haber


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Answered Domestic Violence (DV) cases also present wrinkles for everyone in the system (the Defendant, the State and the Court), as they almost always involve emotional charged folks who's lives are either interdependent or interconnected, the potential for repeat or escalated violence is almost always high and there is more often then not the likelihood that a victim will, for whatever reasons, wish not to prosecute the perpetrator. For these reasons, in FL DV cases Defendant's suffer aggressive prosecution (more aggressive than many other offenses), the State feels obligated to "force" all victim's to "help themselves" (which serves the dual purpose of covering its own ass in the event of a subsequent violent altercation) and the Court engages in pure self-protection (no Judge wants to read her/his name in the paper as being responsible for "cutting loose" the repeat DV offender who re-injures, more seriously injures or kills a victim when the Court could have acted to prevent the same from occurring).

These are the practical realities of DV cases that we all must live with and it is for these reasons that there is a mandatory 24 hold (a statutorily required cooling-off period) for anyone booked into a FL jail for any DV case and that DV victim's are afforded special protections, are required to be evaluated (if only by responding officers who have a DV "checklist") and are required to be provided information about alternatives to returning to "life" with the alleged perpetrator

Fortunately, in many cases, and particularly those where the offense did not result in any serious injury and ultimately amounted to an unfortunate but otherwise understandable incident, there is a way to effect the State's decision to prosecute. In Florida victims of crimes have rights, both constitutional (s. 16, Art. I of the Florida's State Constitution) and by statute (see:http://www.flsenate.gov/Laws/Statutes/2011/Chap...). While the State Attorney is empowered to bring criminal charges to bear on behalf of all of the people of the State, the victim being only one of those millions of people. s/he is usually an important, if not critical, one to the success of their case.

While no one can control what the State does on behalf of the people, you will increase your odds at achieving a favorable outcome if the victim has her own independent and effective victim's rights advocate advancing her agenda of not cooperating with the prosecution. You should note that if your Stay Away Order has not been amended to permit for non-violent contact between you and the victim then you should absolutely unequivocally NOT contact her. You should also note that you cannot in any way, shape or form coerce her to act in this regard -it must be the product of her own free will (ergo the necessity for an independent lawyer to represent her). You should further note that issues surrounding your priors (or lack thereof) are properly addressed by your attorney to the SAO. Finally, you should note that PTD is a program which is exclusively owned and operated by the SAO and that they can nether be compelled nor ordered to offer, admit or graduate you thereto from.

Finally, I have been practicing both criminal defense litigation and victim's right's representation primarily in Miami-Dade County for 22+ years. If she is interested then the victim is welcome to contact my office for a referral or two, or she can search do a location search here on Avvo or you can search the Florida Association of Criminal Defense Lawyers website by locality (please seehttp://www.facdl.org/ - and click on the "Find A Lawyer" tab).

I hope that this has been helpful and wish you both the best of luck!
First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.)

At Michael A. Haber, P.A. the goals in representing folks are A) to be honest and realistic about litigation objectives; B) to be fair in regard to fees; C) to be consistently available and responsive to the client (in person, by phone call, text, email, Facebook. Twitter and otherwise); D) to keep the client informed; and E) to secure your positive feedback / client review at the conclusion of each case.

At Michael A. Haber, P.A. "Its all about reasonable doubt"!

Michael A. Haber, Esq. is prepared to speak with you about your case!

Cell: 305-798-2220; Office: 305-381-8686; Toll Free: 1-888-SHARK-8-1


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