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FloridaLawyer, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 741
Experience:  Former State Prosecutor, licensed attorney with active criminal defense practice
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When the police were called to about an assault against a ...

Resolved Question:

When the police were called to about an assault against a customer. Instead of the charges being pressed on the bouncer they were pressed on the person who called police, and they did not listen to anything the customer had to say, even though physical evidence was present of the assault against her. What is the procedure or how is blame determine to justify her inability to press charges when requested
Submitted: 9 years ago.
Category: Criminal Law
Expert:  FloridaLawyer replied 9 years ago.

Hello Customer,

Once the law enforcement agency has decided who they believe was the "primary aggressor", they usually make an arrest and forward what is called a "probable cause affidavit" to the State Attorney's Office (you may have heard the term District Attorney or "D.A." which is the same thing). At this point, an intake attorney or the prosecutor that is assigned to the case makes what is called a filing decision as to what formal charges to bring against the person who called the police. In this situation, the charge is likely to be assault or battery which are usually misdemeanors. If the injury is serious or a weapon was used, the person may be charged with a felony battery or aggravated assault.

In this situation, the alleged victim can contact the prosecutor and advise that they may have arrested the wrong person and request that they be permitted to complete what is sometimes called a "drop charge" affidavit, stating that they do no wish to assist in the prosecution of the person. However, the decision as to whether or not charges are pursued is ultimately up to the D.A..

I hope this helps!


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Customer: replied 9 years ago.
How do they decide the primary aggressor if they did not listen to both parties. They only listened to the bouncer who never self identified himself as security to the customers and start the physical contact, i.e. pushing, hitting, and hair pulling. Even after the customer removed themselves from the threshold/entrance of the bar.
Expert:  FloridaLawyer replied 9 years ago.

Hello again Customer,

Unfortunately it is often difficult or impossible to determine why the law enforcement officers made the decision that they did. They are limited by the evidence that they are presented with at the scene and once they make an arrest, there is no way to go back and make them reconsider. The best thing to do is contact the prosecutor and explain what really happened before an Information (formal charging document) is filed.

I hope this helps!