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Category: Criminal Law
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Experience:  Attorney trained in criminal law matters, and many years of advising on such matters..
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My Granddaughter threw a cell phone at her boyfriend ...

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My Granddaughter threw a cell phone at her boyfriend and he had her arrested. WE paid the money to have her released but she has to go to court next week and she is only 19 and is always crying as she does not know what to do. she does not want to go tojail and does not know what to say. Please help me help her. thank yhou

ps. the cell phone caper, her boy friend had gone in and dropped charger tho.

Submitted: 6 years ago.
Category: Criminal Law
Expert:  Guru_Guy replied 6 years ago.
Hello, and sorry to hear about your granddaughter.

Assuming this is a first offense, and she just lost her temper and threw the phone, that is almost certainly not going to result in jail time.

She would likely be charged with battery, which is the legal term for hitting someone. This is usually a misdemeanor. While up to one year in jail is an option for a judge, normally such an offense would get a fine, community service, and a suspended sentence. This means that if she behaves doing the period of suspension, she would serve no jail time.

My strong advice would be for her to get a good criminal defense attorney, who can look at the charges and see what the options are. She may be able to fight the case and have it dismissed, or plea bargain the case into a lower charge or lighter sentence. If she cannot afford an attorney, she should be provided with a public defender who can help her.

I suspect the hearing next week will be an arraignment where she pleads guilty or not guilty. If she pleads not guilty, there will be a trial scheduled for later. If she is not represented, a court will probably arrange for a public defender (if she cannot afford an attorney).

If you want to hire a criminal defense attorney who can guide her along in this, here is a list of criminal defense firms in your area:

http://www.lawyers.com/Criminal-Law/Florida/Palm-Coast/law-firms.html

I hope this helps!

__________________

Please keep in mind that information in this forum is for informational purposes only. It is not legal advice and does not constitute creation of an attorney client relationship. Before acting on any such information, you are always advised to consult with an attorney licensed to practice in your jurisdiction who can take the time to review all the facts and laws relevant to your situation.
Guru_Guy, Lawyer
Category: Criminal Law
Satisfied Customers: 2418
Experience: Attorney trained in criminal law matters, and many years of advising on such matters..
Guru_Guy and 6 other Criminal Law Specialists are ready to help you
Customer: replied 6 years ago.
thanks, XXXXX XXXXX in Tampa Fl. we live in Palm Coast. what if she says no contest.
Expert:  Guru_Guy replied 6 years ago.
If she pleads no contest, the court moves directly to sentencing. I strongly recommend NOT doing this unless a plea deal has been worked out in advance. Otherwise, the judge can give any sentence he wants. In fact, most judges will not even accept a no contest plea until a defendant has retained an attorney and had a chance to consult with them.

For Tampa attorneys, try this link:

http://www.lawyers.com/Criminal-Law/Florida/tampa/law-firms.html

Good Luck!

__________________

Please keep in mind that information in this forum is for informational purposes only. It is not legal advice and does not constitute creation of an attorney client relationship. Before acting on any such information, you are always advised to consult with an attorney licensed to practice in your jurisdiction who can take the time to review all the facts and laws relevant to your situation.
Customer: replied 6 years ago.
thank you. i dont know what she will do but i will tell her not to plea no contest. it will be hard to go there from Palm Coast, Fl to Tampa, it seither not guilty or guilty. its so sad.
Expert:  Guru_Guy replied 6 years ago.
A "no contest" plea is treated the same as a guilty plea. I hope she gets a lawyer and things work out for her.
Customer: replied 6 years ago.
thank you. no money so she will have to fend for herself. i guess she will plea guilty and hope for the best. i dont know how to go about getting a public defender. thank you grnnyde
Customer: replied 6 years ago.
i mean not guilty. her mom is going thru hopefuuly a divorce and the guy took all her money out of the bank. so that leaves them high and dry. we will do our best we will do a lot of praying.Customeragain
Expert:  Guru_Guy replied 6 years ago.
If she must give a plea at this upcoming hearing, it should be not guilty. If she does not have money for a lawyer, the judge should assign a public defender at this hearing.

I hope things work out.
Customer: replied 6 years ago.
thank you.
Expert:  Guru_Guy replied 6 years ago.
You are welcome.

There is no need for you to respond further unless you have additional questions. If you post a reply here, the site places requests for me to post an additional response.

If you have further follow up questions, I am happy to help. If I have fully answered your questions and you wish to leave positive feedback, you can do that in the feedback section.

Best of Luck!

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