Saturday, October 11, 2014

Drop Charges / File Charges / Victim / Prosecutor / Victim Rights / State Attorney / AVVO / Michael A. Haber, Esq. **ARRESTED / **305DUI

Q:   Notarized statement to drop Custodial Interference charge??  Long story short my mother filed Cust. Int. against my boyfriend and on November 6th he was arrested. We were in Kentucky at the time with my father, and he was extradited back to FL on Nov. 29th. He's pleading not guilty. State picked up charges on Dec. 27th, and since then my mother is wanting to drop them... 

My boyfriend told me a sergeant told him if my mother wrote a notarized statement to the State Attorney's office saying she wanted charges dropped that they would release him 14 days after receiving this... 

I've been trying to get a hold of the office, but I was wondering how true is this information, if at all? I would think at this point she couldn't.... but was not sure. Please help, thank you!!!


Michael Adam Haber


Contributor Level 20


Lawyers agree
Answered The advise that you mother allegedly got was nonsense. Utter and complete nonsense. Once the State has the case it is theirs to prosecute, or not, on behalf of all of the people of the State of Florida, not just the victim, and no one person (or persons) can tell the State what to do in a criminal case.

That said, in Florida victims of crimes have rights, both constitutional (s. 16, Art. I of the Florida's State Constitution) and by statute (see:

Still, and agin, in Florida 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 (albeit usually an important one to the success of their case). If you want to increase your odds at having the State pursue your interests then you can hire your own criminal defense lawyer to serve as your Victim's Right's Advocate.

I hope that this has been helpful and wish you 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.)

Michael A. Haber, P.A.:  Zealous criminal defense advocacy since 1991 for both juveniles and adults, in both State and Federal Courts, in criminal cases ranging from DUI to drug trafficking and from misdemeanors to first degree murder.  At Michael A. Haber, P.A. "its all about reasonable doubt"!

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

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

1-888-SHARK-8-1, 305-381-8686, 305-798-2220, **ARRESTED, **305DUI, **MIAMIDUI, **MIAMILAW or **HABERLAW.

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