DOMESTIC VIOLENCE

1. What is domestic violence?

Generally, it includes any assault, aggravated assault, battery, aggravated battery, sexual battery, stalking, aggravated stalking, or any criminal offense resulting in physical injury or death of one family or household member by another who is or was residing in the same single dwelling unit. Family or household member means spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family or who have resided together in the past as if a family, and persons who have a child in common regardless of whether they have been married or have resided together at any time.

2. Can the police arrest someone for domestic violence, even if the police did not see the crime take place?

Yes. Normally, the police can arrest based on a crime that doesn't take place in their presence on all felonies, and certain misdemeanors. However, the legislature in Florida recently expanded the laws allowing the police to arrest someone who is alleged to have committed an act that constitutes domestic violence, even a misdemeanor, even if the crime did not take place in front of the police.

3. Am I automatically entitled to a bond?

Normally, an accused is entitled to an immediate bond on all offenses, except for the most serious type cases, such as murder and other crimes that carry a life offense. However, the legislature recently changed the law which requires someone arrested for domestic violence to be held without bond until the accused appears before a judge the day after their arrest. At that time a judge will consider the appropriate amount of bond.

4. If the alleged victim says they will not prosecute, will my case be dismissed?

Not necessarily. Many prosecutors will not drop a case simply because the alleged victim says they will not prosecute or testify. A prosecutor may attempt to force the victim to testify by serving the alleged victim with a subpoena and threatening to prosecute the alleged victim for contempt of court if they refuse to testify.

5. Do I need an attorney to represent me?

It is very rare for a person charged with a felony to represent themselves. It is also not a good idea. If you want to be represented by an attorney, but can't afford one, you may qualify for the services of a Public Defender. A Public Defender is a court appointed attorney. If you are in Broward County and wish to contact the Public Defender's office, click here. If you are not in jail, and you want a Public Defender, a judge will usually determine your eligibility at your arraignment, which usually takes place three to four weeks after your arrest.

An attorney can investigate your case to determine a variety of matters:

Did the police act properly;
Is there sufficient evidence to prove you committed the crime;
Are there mitigating circumstances to reduce your chance of receiving jail time, if convicted;

Even if your case looks bad, an experienced attorney can try and negotiate a plea bargain in your case to try and eliminate or reduce the amount of jail time you are looking at.

6. If I am not indigent and want an attorney, how do I find one?

It is important when retaining an attorney handling criminal cases, to hire one who has experience in handling criminal cases. In a criminal case, you will need to make financial arrangements in advance. There is a wide range in legal fees when hiring an attorney in a criminal case. You have the right to shop around. However, the attorney who charges the least amount is not necessarily the best attorney to hire. While the amount of money it will cost to hire an attorney is important, it is not the only factor. Also consider the number of years of experience in handling criminal cases. If you need an attorney who handles criminal cases in Broward County, click here.

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