If you’re looking for a domestic violence attorney for an arrest occurring in Broward County Florida there are a few things to consider.
Domestic violence is a unique area of criminal defense in Florida. The fact is that there are number of factors that make it different from other crimes such as regular simple battery, or other crimes for that matter. First off domestic violence cases in the state of Florida are considered so specialized that they require a specifically assigned domestic violence judge whether the case is a misdemeanor or felony. This is the only area of criminal defense that involves a specially assigned sitting court judge to preside over the case. The presiding domestic violence charge must be educated in the unique manner in which these cases are litigated under our Florida criminal justice system.
You have probably read many articles online stating that crimes such as domestic violence and DUI may not be sealed or expunged. Where case is dismissed however, the FDLE allows for one to expunge their record if otherwise eligible.
What if the victim in my domestic violence arrest does not wish to prosecute?
Many people who have been arrested for domestic violence want to know if the case will be dropped if the name victim in the case simply files a waiver of prosecution with the Broward County State Attorney’s office. This can be a tricky area in some circumstances. Depending on the severity of the domestic violence arrest, the assigned prosecuting attorney may not accept a waiver prosecution and nonetheless move forward with prosecution of your domestic violence case regardless of the victims failing to cooperate.
Recently there was an interpretation of our law it seemed to allow prosecutors to proceed with domestic violence prosecution even where the victim was unwilling to cooperate or was unavailable. Often attorneys from the Broward County State Atty.’s office will threaten to proceed with a prosecution for domestic violence even when they know that the victim does not wish to cooperate and not present themselves to testify against you the defendant. In these circumstances, it is imperative that your criminal defense attorney assert your constitutional right to confront any accuser who wishes to present evidence that you committed a crime. In other words you have the right to mandate that people testifying against you, including the victim, present themselves so that you may cross-examine them with regard to any evidence that they are providing which would tend to convict.
I have been defending people charged with domestic violence in Broward County for almost 20 years. Most of the cases that I have defended have resulted in the dismissal or not guilty verdict at trial. These cases must be handed handled tactically and experience in this regard is key to securing a favorable outcome for the client.
Things that we would want to know about your domestic violence arrest would include whether or not it is been alleged that you used a weapon during the commission of the crime for which you are wrongfully accused. Other issues that may pertain or impact your domestic violence case are whether or not there are independent witnesses have claimed to have seen the event.
You may use the submission form below to tell us as many facts about your domestic violence arrest as you would like. Attorney William Moore will get back with you in less than 30 minutes in order to discuss your case. He can either respond by telephone or email. Simply indicate how you would like attorney more to give you a preliminary evaluation of your domestic violence case below.
Domestic violence lawyer William Moore is available to meet with you or your loved one accused of domestic violence any time during the week and even on certain weekends. If you wish to speak with attorney William Moore now call him on our criminal defense hotline at 954-523-5333.