Written By: Devika L. Carr, Esq. When we take ownership of our decisions, neither good, bad or indifferent, we consciously elect to take ownership of who we chose to be in each moment. We can then decide to remain the same and be the person who makes choices in similarity to the last, or we … More No Different from You: Ownership of Our Decisions
I am still watching, learning, and becoming. I’ve often wondered what it would mean to stand among a history maker…to be hugged by a crowd of engaged and hopeful listeners as he or she used their voice to project the perfectly articulated words expressing passion for people and solutions for problems. What would it feel … More Stand Among the History Makers
Pursuant to the Florida Statutes for 2016, domestic violence is defined as follows: 741.28 Domestic violence; definitions.—As used in ss. 741.28–741.31: (1) “Department” means the Florida Department of Law Enforcement. (2) “Domestic violence” means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical … More HOW IS DOMESTIC VIOLENCE DEFINED IN FLORIDA?
Domestic violence charges negatively impact your reputation more than some charges, regardless if charged as a misdemeanor or felony. A domestic violence conviction can ruin your hopes and dreams. Here are just a few examples: Some employers, especially public or state employers, can terminate you or reject your application professional licenses may no longer be … More SHOULD I BE AFRAID I’M GOING TO LOSE EVERYTHING?
While it depends on the circumstances and every case has different facts, here are some examples of defenses: accidental injuries: no harm was ever intended self-defense: you were not the one to initiate or instigate a physical confrontation and you were attacked or threatened first self-inflicted injuries: the alleged victim harmed himself/herself and is falsely blaming … More WHAT DEFENSES ARE AVAILABLE TO ME TO FIGHT THE CHARGES?
While no guarantees can ever be made about the outcome of a case, it is crucial to talk to an experienced criminal defense attorney who specializes in domestic violence defense to have the facts and circumstances of your case reviewed and evaluated.
You have the right to know about, see, and review all evidence the State of Florida has regarding your case, even if they aren’t planning to use it, and even if it proves you are not guilty.
It depends on the charge and what the State of Florida has to prove according to the jury instructions, but generally, some types of evidence that may be used are: 911 audio recording police testimony based on their recollection from their reports body camera footage eyewitness testimony alleged victim testimony photographs medical reports about injuries … More WHAT EVIDENCE CAN BE USED TO PROVE A DOMESTIC VIOLENCE CRIME?
An alleged victim who has expressed a desire not to go forward as a witness in the case can sign a waiver of prosecution. A waiver of prosecution doesn’t guarantee the case against you will be dropped, but it demonstrates to the State Attorney’s Office that they may have a witness problem if the case proceeds … More WHAT IS A WAIVER OF PROSECUTION AND HOW MUCH WEIGHT DOES IT HAVE?
No. The State of Florida is responsible for charging someone with a crime, including a victim related crime. Even if the alleged victim expresses a desire not to move forward as a witness in the case, the State of Florida may still be able to prosecute someone depending on the facts, evidence, and law.