QUESTION

Im in jail for my 3rd domestic violence this year and was out on bond for petit theft at the time

Asked on Dec 27th, 2020 on Criminal Law - Florida
More details to this question:
My boyfriend was just arrested for domestic violence 3rd offense and he was out on bond for petit theft i want to drop charges
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2 ANSWERS

DUI Defense Attorney serving Coral Gables, FL at Jonathan Blecher, P.A.
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Sounds like it's time for a new boyfriend, or just let him keep slapping you around and having him arrested. Your decision. Where the victim does not wish to pursue charges, the Defendant and victim should modify the No Contact Orders imposed by the court. This is normally done by filing a Motion to Modify Conditions of Release. If granted, a modification often allows the parties to resume contact and combine their desire to have the charges dropped. It also may indicate that the alleged victim is not going to be cooperative and is against pursuing prosecution.
Answered on Jan 12th, 2021 at 11:07 AM

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Criminal Law Attorney serving Bartow, FL
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You cannot dictate whether the state attorney proceeds with the domestic violence charges against your boyfriend.  It is up to the state to make that decision regardless of your desire.  However, your chances of getting the state to drop the charge is better in some areas of the state than others. My suggestion is to contact the State Attorney's Office where the alleged incident occurred and let someone there know that you want the charge dropped -- i.e., you want to sign a waiver of prosecution.  In some areas of the state that may be sufficient to get the charge dropped.  In other areas of the state, you may need to attend a class or view some video regarding domestic violence (even if you are the victim); some offices will make you take the class/watch the video and still decide not to the drop the charge.   Regardless, the first step is to let the prosecutor's office know that you want to drop the charge.  Then that office should let you know what is requires to comply with your request.  
Answered on Dec 28th, 2020 at 6:55 AM

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