Thursday, October 20, 2016

Will a State Attorneys refuse to consider my Evidence and Prosecute because it looks Retaliatory? ~ Chosen as "Best Answer" by Asker on AVVO ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1

Q:     Do state attorneys turn down cases because it looks retaliatory even though I have evidence?  Or could he use that as a defense in lessening his charges? I am a battered woman who is still being abused by ex through the court system. He recently had me arrested for a criminal charge off a false allegation that I'm still dealing with. We have children and I'm afraid he can use that to try and take custody of them. I would like to press charges against him where he viciously beat me up which I have proof of. The incident happened right before Christmas last year. I have a video of him beating me up, you can see him kicking me and his knee on my head to keep me from getting up, as well as pictures of the bruises. I looked it up and the statute of limitations is not up.






 A:     Chosen as "Best Answer" by Asker on www.AVVO.com:


Licensed in FL



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Best Answer
chosen by asker
Answered . State Attorney's, ideally, seek justice.

Unlike the defense lawyer, State Attorney's should not be "in it to win it"; rather they are sworn to serve as "ministers of justice" who's duty it is to seek justice.

They may or may not agree with you, and the evidence may or may not agree with you, but, ideally, and regardless of motive, the State Attorney should file charges where a provable crime has been committed.

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: Chapter 960 Florida Statutes). Still, 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.

Again, no one can control what the State does on behalf of the people, but you will increase your odds at achieving a favorable outcome if you have an effective victim's rights advocate pursuing your agenda. Many criminal defense lawyers serve as effective victim's rights advocates.

I hope that I have been helpful in answering your question.
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








THIS BLOG POST (AS ARE ALL OF HABERPA BLOG POSTS) IS A PUBLIC SERVICE ANNOUNCEMENT WHICH IS PRIMARILY DESIGNED, BY WAY OF REAL WORLD EXAMPLE, TO ASSIST THE GENERAL PUBLIC IN AVOIDING CONDUCT WHICH COULD FORESEEABLY RESULT IN ARREST AND PROSECUTION!  


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