We will work hard on your behalf, first to seek a dismissal of your charges, or a reduction of the charges.
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If you are convicted, we will work to negotiate a lesser sentence than you would otherwise face. We want you to experience the very least amount of penalties and consequences as a result of your Felony Battery charges, and we want to be the advocate in your corner. Contact a criminal attorney from The Law Place today by calling Domestic Battery. Felony Battery.
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Tampa , FL Attorneys David A. Haenel Darren M. Your voice will not be heard. To really make your wishes known, and to tell the World what really happened, you'll need to file an official sworn statement in the court file. The most common case involving a declination of prosecution is domestic violence battery, but declinations are used in all sorts of other cases like grand theft, petit theft, criminal mischief, worthless check charges, assault, and the list goes on and on as long as there's a victim, you can file a declination.
The most common form of a Declination of Prosecution is the first kind, a sworn statement in other words, notarized informing the prosecutor and the judge that the alleged victim does not wish to prosecute. Without this statement, it is doubtful the judge will ever become aware of what really happened because, as we said earlier, the prosecutors rarely inform the court of the verbal wishes of a victim.
Of course, while these wishes are important to make known, filing a declination provides no guarantee that the State of Florida will obey those wishes.
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We defense attorneys get calls all the time, asking "Can I just file a declination and get my boyfriend out of trouble? That's not all there is to it.
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There are plenty of reasons why a Declination of Prosecution will be ignored, and the case will press on. There are plenty of people in prison, right now, who had declinations filed. Yet, they were still convicted. Again, this is why you need an attorney. The most common reason why a declination is ineffective is that the document doesn't give the prosecutor any reason to drop the charges. And by "reason", I don't mean that you want your man back home, that you have kids together, that he is the sole provider for the family.
All of this is important, but it's not legally significant.
You cannot expect charges to be dropped just because you want your husband home with the kids. A declination must tell a different side of what happened, in a way that will not cause a perjury charge or lead to a filing of a false police report charge. Yes, this can happen, so I'll repeat my previous disclaimer that you should get an attorney to help with this process.
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Let's face it, the police are not going to tell the "whole truth", they're only going to put enough in their report to have your loved one arrested. You'll need to counter their misleading arrest report with additional facts that explain why the defendant is not guilty of the allegations. A declination of prosecution should be a sworn statement.
Thus, it needs to be the truth. Now, that's easy when we're dealing with a declination that merely informs the court that the victim does not wish to press charges. A prosecutor's typical response to this sort of generic affidavit is "So What? But, a properly drafted declination will contain supplemental facts about the incident that will help the prosecutor decide whether or not they are able to proceed with their case. This declination must yes, must be reviewed by an attorney.
It is rare that the police report contains the whole truth, and nothing but the truth. But prosecutors may be able to review additional evidence beyond the victim's written statement, body cam video footage is a common example.
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You don't want to say one thing in a sworn declination, only to be contradicted by the statement given to the police. You may want to start this process by going to the police department and obtaining a copy of your sworn victim's statement. After all, your sober reflection of the event may be far more accurate than the statement given to the police in the heat of the moment. Declinations are important statements because police reports typically contain information to which the police officer has no personal knowledge--so it can be important for a victim to clarify or correct what was written in the arrest report.
Now, while it is important to clarify or supplement a statement, it is whole separate can of worms when an alleged victim actually recants her story. Let's face it, people lie.
Prosecutors will want a victim to continue telling the same lie, so long as that lie gets them a conviction, but most alleged victims do not want to make matters worse by continuing the lie so they'll recant their entire statement. This is tricky. Don't do it without an attorney.