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What Is The Definition Of Domestic Violence In Florida?

Domestic Violence means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.  Family or household member means spouses, former spouses, person 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 are parents of a child in common regardless of whether they have been married.  With the exception of persons who have a child in common, the family or household members must be currently residing or have in the past resided together in the same single dwelling unit.

What Should Someone Do Who Has Been Arrested And Taken to Jail For Domestic Violence Charges

If you have been arrested for a domestic violence charge please contact Chris S. Boatright, P.A. at 407-740-8300 to discuss your case.  Chris is a former domestic violence prosecutor who has been defending people with domestic violence charges for over 18 years.  Why not put his domestic violence defense knowledge and experience to work for you.

Don’t let domestic violence charges ruin your life.  Domestic violence charges can be beaten for many reasons.  Chris has beaten them for many clients in the past and he may be able to beat them for you.  Call 407-740-8300 for a free consultation.

Does Someone Have To Go To Jail In A Domestic Violence Case In Florida?

Someone Is Going To Jail

When law enforcement officers respond to a call regarding domestic violence they come with the presumption that someone is going to get arrested and go to jail.  So once the officers arrive it is normally just a matter of figuring out who is going to jail for domestic violence charges.  Contrary to what some people believe who call 911 law enforcement officers do not respond to resolve domestic disputes.  They respond to determine if a crime has been committed and to arrest that person or persons and to take them to jail.  Many times the person who called 911 for assistance in a domestic dispute is the person who ultimately ends up getting arrested and going to jail with domestic violence charges even though the 911 caller is really the victim but the law enforcement officers decided to believe the other person’s story.

The Investigation To Determine Who

When law enforcement officers arrive at the scene of a domestic disturbance they traditionally separate the two people and get their stories.  If the stories do not match and they normally do not match then the officers look for physical evidence like injuries and damage to the surrounding area to try to determine what actually happened and if what happened was a crime and if so who committed that crime.  If someone else was present during the incident other than the two people involved then unfortunately when two stories match and there is no contrary physical evidence to that story then whoever that story says committed a crime is going to jail.  I call this sandbox rules two beats one end of story. Unfortunately, sometimes the third person present is biased toward one of the two people like a family member or friend but that usually does not seem to matter to most law enforcement officers, sandbox rules still apply apparently.  Once they determine that a crime was committed they arrest that person committed a crime.  Sometimes that means both people get arrested.

What Should Someone Do Who Has Been Arrested And Taken to Jail For Domestic Violence Charges

If you have been arrested for a domestic violence charge please contact Chris S. Boatright, P.A. at 407-740-8300 to discuss your case.  Chris is a former domestic violence prosecutor who has been defending people with domestic violence charges for over 18 years.  Why not put his domestic violence defense knowledge and experience to work for you.

Don’t let domestic violence charges ruin your life.  Domestic violence charges can be beaten for many reasons.  Chris has beaten them for many clients in the past and he may be able to beat them for you.  Call 407-740-8300 for a free consultation.

Orlando Florida Undercover Prostitution Sting Operation

Super Bowl time in California mean its time for law enforcement to conduct prostitution sting operations. However, California is not the only place that law enforcement recently conducted a prostitution sting operation.  On January 29th and 30th, 2016 the Orange County Sheriff's Office conducted an undercover prostitution sting operation in Orlando, FL in the area of 25th Street and South Orange Blossom Trail.  In Orlando, FL if you plead guilty, no contest, or are convicted at trial for Solicitation to Commit Prostitution there is a mandatory $500 fine plus court costs and a mandatory $5000 civil penalty.  Someone could go to the Super Bowl in California for cheaper than that.

http://www.usatoday.com/story/sports/nfl/broncos/2016/02/02/ryan-murphy-denver-super-bowl-50/79730280/

The video, the whole video and nothing but the video

I do not understand why arresting someone and taking them to jail on suspected drug charges is not good enough for some officers.  Why do they feel the need to attack the suspect and beat the suspect for no reason?  I wonder if this incident was not on tape if anyone would have believed the suspect if the officer said he was resisting arrest?  Rodney King was arrested on March 3, 1991, this incident occured on August 7, 2014 and it seems like nothing has changed. 

http://www.wftv.com/videos/news/video-released-of-marion-county-deputies-punching/vDjLdR/

Overcharged

Sounds like a classic case of overcharging someone. According to the article Humberto Santiago was REPOSSESING a car for the owner of a car lot.  Yes, Humberto Santiago, allegedly impersonated an officer and Humberto Santiago allegedly was not licensed to repossess cars but that is not carjacking.  Carjacking is a first degree felony punishable by up to thirty years in prison.

 

http://www.wftv.com/news/news/local/deputies-man-posed-police-officer-steal-mans-car-p/np95D/

Civil Citation Instead Of Arrest for Juveniles

http://www.clickorlando.com/news/orange-osceola-public-defender-pushes-for-fewer-juvenile-arrests

Law enforcement officers need to be trained that juveniles who commit a first time misdemeanor offense can be issued a civil citation instead of arresting the juvenile. This training should encourage officers to issue civil citations instead of making an arrest for juveniles who commit first time misdemeanor offenses.  A civil citation requires a juvenile to perform up to fifty hours of community service, to participate in intervention services like counseling based on the juveniles needs, to write letters of apology to victims and to pay any restitution.  If the juvenile does not complete the civil citation requirements then the juvenile may be prosecuted for the offense. 

Paid Vacation For Officer’s Bad Behavior

It is ridiculous that this officer’s punishment was only being suspended for one day WITH PAY. Basically, the officer’s punishment was a PAID VACATION DAY.  This officer should have at least been suspended WITHOUT PAY until the officer successfully completed an evaluation to determine if the officer has an alcohol problem and if so the officer should have been required to successfully complete an alcohol treatment program and if the officer refused or failed to do so then the officer should have been fired.

 http://www.foxnews.com/us/2015/11/09/florida-cop-too-drunk-to-accept-award-for-dui-arrests/

Marijuana in Florida

If the majority of Americans support the legalization of marijuana then why is it still illegal anywhere in the United States. The United States Constitution says the government, who enacts and enforces the laws, works for the people and, therefore, should do what the people want. So why are we the people still discussing the legalization of medical marijuana instead of questioning why our government refuses to do what the people want which is the legalization of marijuana.

 

www.bizjournals.com/orlando/blog/2015/09/shift-in-public-view-of-pot-may-help-push-for.html

 

New Domestic Violence Hotline for Orlando

It is important to help people who are truly victims of domestic violence and to try to stop domestic violence. There are many articles like this one that discuss that topic. After reading this article I wonder why there is no mention of helping the people who are wrongfully accused of domestic violence and what resources are provided to them for the damage that is caused to their lives by being wrongfully arrested and what is being done to prosecute the wrongful accusers after the arrested person is found not guilty in court. What is the game changing hotline telephone number for help for those who are wrongfully accused of domestic violence?

New hotline could be game changer for domestic violence victims

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