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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Criminal Law
Satisfied Customers: 16397
Experience:  Experienced Licensed Attorney / Criminal Law Mentor
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My son was arrested based on s ex girlfriends statement

Customer Question

my son was arrested based on his ex girlfriends statement saying that he grabbed her arm and asked her to come to talk to him. She instigated it by throwing a bottle at him. She told him that she was texting another guy on the phone, so my son grabbed the phone and ran up the block with it to read it and then brought it back to her. The witness called the cops because of the dispute and he got arrested for robbery and domestic abuse with girlfriend boyfriend. The girlfriend states that she made up most of the story and just wants this to go away. How long will it take for the prosecution to decide what to do with this case? Thank you so much
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Alex J. Esq. replied 1 year ago.

Hello. My name is***** will be happy to answer your question.
I am sorry to hear about this unfortunate situation.

When was your son arrested?

Did your son hire an experienced local criminal defense attorney to represent him in the pending criminal case?

Did you son had any criminal history prior to this incident?

Customer: replied 1 year ago.
He was arrested on Sept. 16. He has a public defender currently. His girlfriend admitted to making up most of it on her statement and wants to just drop the charges. Do you think this will be dropped? He is 18. He was arrested back in February for 1 gram of marijuana in his possession.
Expert:  Alex J. Esq. replied 1 year ago.

Thank you for your follow up.

Was your son charged with felony robbery? Did he physically snatch the phone from his girlfriend against her will?

What state is this in?

What was the amount of bail / bond?

Customer: replied 1 year ago.
I believe he was charged with a felony sudden snatching. but he did return the phone to her, he just wanted to read a text that the girl told him was on there. This was in Florida and bail was 1,250. he also grabbed her arm so she could come over to talk to him.
Expert:  Alex J. Esq. replied 1 year ago.

I am a Florida licensed attorney and have dealt with similar cases of domestic violence / robbery.

Did the victim recanted her story to the police and state attorney?

Customer: replied 1 year ago.
she changed her story via text to my daughter who is her friend and to another friend that was there. she said she just wants it dropped, we have those messages. will the state attorney ask her what she wants to do or does she have to contact the state attorney? How long does it take to decide if they will charge my son with this, his court date is 10/14
Expert:  Alex J. Esq. replied 1 year ago.

Thank you for your follow up.

Unfortunately, it is not up to the victim / girlfriend whether the criminal charges are prosecuted, once such charges are filed, but up to the state attorney's office.

Also, any text messages, etc...would not carry any legal weight in a criminal case and generally, if the vic***** *****ge her story and admits that she lied or made things up, then the victim can be charged with making false report to the police, which is a misdemeanor that carries up to 1 year in jail, so generally, once the victim in a similar situation realizes the risks of criminal prosecution if she admits to the false report, it is not likely that the victim would formally agree to change her story.

So, in a case like this, especially given a fact that robbery by sudden snatching is a third degree felony, punishable by up to 5 years in prison and a fine of up to $5,000 upon conviction, and once the defendant snatches any object / possession from the victim by force, without victim's consent, it is not a defense if the possession / item was returned, it is essential to hire an experienced local criminal defense attorney to provide your son with effective and aggressive representation in this criminal case and not to count on hopes that the victim would officially change her story or state attorney would reduce or dismiss any charges.

You can find an experienced and skilled local criminal law attorney by using this established and reputable attorney information / referral websites:

www.lexmundi.com
www.martindale.com
www.lawyers.com
www.legalmatch.com
When, choosing a local attorney to represent you, it would be a good idea to choose someone who has a practice exclusively dedicated to criminal law, has at least 10 years of experience and handled similar matters and also regularly practices before the court located in the jurisdiction where your matter will be heard.
I wish you the best of luck!

Expert:  Alex J. Esq. replied 1 year ago.

Hello. My name is***** will be happy to answer your question.
I am sorry to hear about this unfortunate situation.