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Tina
Tina, Lawyer
Category: Legal
Satisfied Customers: 31910
Experience:  JD, BBA Over 25 years legal and business experience.
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I want to drop charges of battery on my husband and his court

Resolved Question:

I want to drop charges of battery on my husband and his court date is May 7th 2013. I have to meet with the State Attorney on May 2nd. My question is when I saw the case summary today it is not me vs. my husband, it is the state vs. my husband. Does this make a difference on whether or not I can drop charges?
Submitted: 1 year ago.
Category: Legal
Expert:  Tina replied 1 year ago.

Hello and welcome.

My goal is to provide you with excellent service. I am working on your answer now and will post it here shortly. Thank you for your patience while I prepare your answer.

Expert:  Tina replied 1 year ago.
Hello again, Susan.

Yes, the fact that the docket report indicates the parties involve the state vs. your husband, that indicates that the prosecuting attorney has brought criminal charges against your husband and only they or the court can dismiss those charges, not you or me.

There is a spousal privilege that can prevent a prosecutor from compelling a spouse to testify against another spouse in some circumstances. However, under FL law, this privilege does not apply when one spouse is being criminally prosecuted for crimes against the other spouse, so the prosecutor could subpoena your testimony to compel you to testify against your spouse at trial.

They may decide not to once you discuss the situation with them, but it is ultimately up to the prosecutor whether to move forward with the case or dismiss it.

Here is a link to the FL code setting out the spousal privilege:

http://law.onecle.com/florida/evidence/90.504.html

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina

Note: Please feel free to request me if you have future legal questions by going to your “My Questions” page and clicking on “Request Tina again” next to my photo. I look forward to hearing from you again.

Customer: replied 1 year ago.

Thank you for your help. Not really what I wanted to hear due to the fact he had a mental breakdown that night. :( He is not a violent man. Any advice as to what I could say to persuade the state to drop the charges?

Expert:  Tina replied 1 year ago.
Hello again, Susan.

I'm very sorry to be the bearer of bad news. His attorney should normally be the one to persuade the prosecutor to drop the changes after reviewing the case, but you could indicate that your husband had a mental breakdown that night, had no previous history of violence, and that you will testify that you now believe he was not competent at the time.

However, what you say now should be consistent with your previous sworn statements or you could find yourself in trouble I'm afraid. If the prosecutor does not drop the charges though, he really needs to retain a local attorney to represent him.
Tina, Lawyer
Category: Legal
Satisfied Customers: 31910
Experience: JD, BBA Over 25 years legal and business experience.
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