Mandatory Batterers Intervention Program
If a person is found guilty of, has adjudication withheld on, or pleads nolo contendere to a crime of domestic violence in Florida that person in addition to being ordered by the court to a minimum term of 1 year of probation it shall be ordered by the court that the defendant attend and complete a batterers intervention program as a condition of probation.
A batterers intervention program must meet the following requirements:
(1)The primary purpose of the program shall be victim safety and safety of children, if present.
(2)The batterer shall be held accountable for acts of domestic violence.
(3)The program shall be at least 29 weeks in length and include 24 weekly sessions, plus appropriate intake, assessment, and orientation.
(4)The program content shall be based on a cognitive behavioral therapy model or psychoeducational model that addresses tactics of power and control by one person over another.
(5)The program shall be funded by user fees paid by the batterers who attend the program, which allows them to take full responsibility for their acts of violence. An exception shall be made for local, state, or federal programs that fund batterers intervention programs in whole or in part.
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Mandatory Probation For Domestic Violence Charges
If a person is found guilty of, has adjudication withheld on, or pleads nolo contendere to a crime of domestic violence in Florida that person shall be ordered by the court to a minimum term of 1 year probation. The imposition of probation by the court does not preclude the court from imposing any sentence of imprisonment allowed. So as an example for a first degree misdemeanor sentence, which is punishable by a maximum of 1 year in jail, 1 year on probation and a $1,000.00 fine the judge could sentence you to 30 days in jail, 1 year of probation, $500.00 fine, Batterer’s Intervention Program(which shall be at least 29 weeks in length and include 24 weekly sessions, plus appropriate intake, assessment and orientation programming), community service, cost of investigation, cost of prosecution and court costs. The judge can also impose other special conditions of your probation like no contact with the victim and no return to your residence during the required 1 year of probation. If you would like to discuss how I can help, the consultation is free. Please call me at 407-740-8300, text me at 407-616-8808 or email me at [email protected].
Mandatory Jail For Domestic Violence Charges
In Florida the law requires that if a person is adjudicated guilty of a crime of domestic violence and the person has intentionally caused bodily harm to another person, the court shall order that person to serve a minimum of 10 days in jail in the county jail or state prison for a first offense, 15 days for a second offense, and 20 days for a third or subsequent offense as part of the sentence imposed. These jail or prison sentences are mandatory minimums so that means the judge can not sentence you to less but can sentence you to more up to the maximum jail of prison sentence for the domestic violence charge or charges. If you would like to discuss how I can help, the consultation is free. Please call me at 407-740-8300, text me at 407-616-8808 or email me at [email protected].
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The Independent Witness In A Domestic Violence Case
The “independent witness” in a domestic violence case in Florida is usually not independent. To be considered an independent witness the person should not know any of the parties involved in the domestic violence incident and not have any reason to favor one person involved in the incident over another. The independent witness in a domestic violence incident is usually a third party who is a friend or family member of one of the people involved in the incident. If you think about it this makes perfect sense because most domestic violence incidents occur inside a home. Why would a stranger who does not know either person involved the domestic violence incident be inside their home at the time of the incident? An actual independent witness to a domestic violence incident is rare. Unfortunately, law enforcement officers talk to these not independent witnesses that the officers call independent witnesses all the time and often times rely heavily on them to determine which party to believe about what happened in the domestic violence incident and, consequently who is going to jail for a domestic violence charge or charges. If you would like to discuss how I can help, the consultation is free. Please call me at 407-740-8300, text me at 407-616-8808 or email me at [email protected].
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Domestic Violence Silence Causes An Arrest
When officers in Florida arrive at a domestic violence 911 call they separate the parties and try to figure out what happened. Most people have heard some version of the Miranda rights on television.
Miranda rights:
You have the right to remain silent.
Anything you say can and will be used against you in a court of law.
You have the right to an attorney.
If you can not afford an attorney one will be provided for you.
Do you understand the rights I have just read to you?
With these rights in mind do you wish to speak to me?
The reality is if you refuse to speak to the officers and the other party does speak to them and says you committed a crime you are going to jail. Officers view silence as guilt. “If you did not do anything wrong, then what do you have to hide” is what officers say. According to officers someone refusing to cooperate with them must be because they are guilty of something. So maybe that first sentence of the Miranda rights should say, “You have the right to remain silent but that silence will be held against you when we are deciding who to arrest”. If you would like to discuss how I can help, the consultation is free. Please call me at 407-740-8300, text me at 407-616-8808 or email me at [email protected].
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Domestic Violence Primary Aggressor
When officers arrive to a domestic violence 911 call in Florida they usually separate the two people involved in the incident to try to determine who was the “primary aggressor”. The primary aggressor is the person who is getting arrested for domestic violence. Unfortunately, the investigation is usually short and not very detailed and ends up being the officers guess at who hit who first. This is where it helps to be nice with the officers because based on my experience the person that is less cooperative with the officers or hostile towards the officers is going to be labeled the primary aggressor and arrested. If you would like to discuss how I can help, the consultation is free. Please call me at 407-740-8300, text me at 407-616-8808 or email me at [email protected].
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Domestic Violence Child Abuse Charges If Children Are Present
Officers in Florida can charge parents with domestic violence child abuse if your children are present during a domestic violence incident. The domestic violence child abuse charge or charges are in addition to any other domestic violence charges from the incident. The theory is that witnessing domestic violence by one or both of your parents harms the child’s mental health and, therefore, that harm constitutes domestic violence child abuse. Unlike domestic violence battery, which is normally a misdemeanor, domestic violence child abuse is a felony. Additionally, the Florida Department of Children and Families is going to get notified by the officers of the incident and they will conduct an investigation to determine what they believe needs to be done to protect the children. If you would like to discuss how I can help, the consultation is free. Please call me at 407-740-8300, text me at 407-616-8808 or email me at [email protected].
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Domestic Violence With Children Present
When the police are called for a domestic violence incident in Florida someone is usually going to get arrested. Even if both people involved are determined by officers to have committed an act or acts of domestic violence only one will be arrested. If children are present officers are usually not interested in waiting around for the Florida Department of Children and Families to arrive and take custody of the child or children. Normally, the “primary aggressor”, a term I repeatedly see used in police reports by officers, will get arrested and taken to jail and the officers will leave the other person with the child or children. The “primary aggressor” is whoever the officers think committed the first act of domestic violence in the incident. The arresting officer will normally request the prosecutor to file charges also against the person who was not arrested if the arresting officer determines that person also committed an act or acts of domestic violence. If you would like to discuss how I can help, the consultation is free. Please call me at 407-740-8300, text me at 407-616-8808 or email me at [email protected].
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Domestic Violence Victim Or Domestic Violence Defendant, Or Both
Sometimes when law enforcement officers in Florida show up for a domestic violence 911 call and they determine both people committed an act or acts of domestic violence they arrest both people for domestic violence charges. This however is not normal. Officers are actually discouraged from arresting both people involved because it makes the case harder for the prosecutor to get a conviction for either defendant. That is why officers will normally try to determine who struck first and then label that person as the “primary aggressor” and arrest that person only. The arresting officer will normally request the prosecutor to also file criminal charges against the other person who was not arrested. So both people end up with a criminal charge or charges from the police, one just does not have to go through the unpleasant experience of being arrested. If you would like to discuss how I can help, the consultation is free. Please call me at 407-740-8300, text me at 407-616-8808 or email me at [email protected].
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You Called The Police As A Domestic Violence Victim And Now You Are Going To Jail, Wait, What?
It is very common for the person who called the police as a domestic violence victim to also be the person who goes to jail for domestic violence charges in Florida. It does not matter who calls the police first in a domestic violence case. First to the phone does not win. I have represented many individuals who called 911 to report being the victim of domestic violence who were instead arrested for committing domestic violence instead of the person they called to have arrested. The police try to determine who the primary aggressor was in the incident and that is who gets arrested. The police do not always arrest the right person. Officers are discouraged from arresting both parties because it creates problems for the prosecutor in the domestic violence prosecution. The reward for winning the race to the phone sometimes involves a pair of handcuffs, for the person who called 911 first. If you would like to discuss how I can help, the consultation is free. Please call me at 407-740-8300, text me at 407-616-8808 or email me at [email protected].
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Domestic Violence Arrest Bond
When someone is arrested for a domestic violence charge in Florida they are required by law to be held in jail with no bond until they see a judge at an initial appearance. A bond is the amount of money the court requires in order for the person to be released from jail. The bond amount for a domestic violence charge usually also has additional conditions of release attached. So it is not just pay money, it is pay money and follow rules also. These additional rules usually include no contact with the victim and no return to your residence. These additional conditions of release can be modified by a judge at a later date if a proper motion is filed with the court requesting the additional conditions be modified. The victim sending a letter to the judge requesting that the arrested person be allowed to have contact with the victim and return to their residence is a waste of time because it is not the proper procedure for modifying bond conditions. No changes to the bond conditions as a result of that letter will occur. The criminal justice system has rules and you have to follow the rules or no changes will be made. If you would like to discuss how I can help, the consultation is free. Please call me at 407-740-8300, text me at 407-616-8808 or email me at [email protected].
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Attaching Tag Not Assigned Florida Uniform Traffic Citation
A Florida Uniform Traffic Citation charging someone with Attaching A Tag Not Assigned is a criminal charge in Florida. That is why the Florida Uniform Traffic Citation has a court date and time on it. A Florida Uniform Traffic Citation for Attaching A Tag Not Assigned is NOT a civil citation like a traffic ticket. The Florida Uniform Traffic Citation is the officer’s way of charging a person with a criminal traffic offense without having to arrest the person and take them to jail. Officers can issue a Florida Uniform Traffic Citation for criminal traffic offenses like Attaching A Tag Not Assigned. If you do not appear in court as required a warrant may be issued for your arrest.
At the first court appearance the person issued the Florida Uniform Traffic Citation will be required to enter a plea to the Attaching A Tag Not Assigned charge. The options are not guilty, guilty or nolo contendere(no contest). If the person enters a plea of not guilty they will be given another court date and the judge will ask the person if they are hiring a lawyer or representing themselves. If the person pleads guilty or no contest then the judge will impose a sentence. Since this is a criminal charge a plea of guilty or no contest will remain on your record for the rest of your life. Attaching A Tag Not Assigned is a second degree misdemeanor punishable by up to 60 days in jail, up to 6 months on probation and up to a $500 fine. The judge can also include in the sentence driving classes, community service, cost of investigation, cost of prosecution and court cost.
The mistakes the officer made in your case can mean the difference between a conviction and a dismissal. Officers are trained to follow the law and to conduct investigations properly but everyone makes mistakes, including police officers. Chris is a former prosecutor who has over 18 years experience defending people charged with Attaching A Tag Not Assigned. Attaching A Tag Not Assigned charges can be beaten for many reasons. The consultation is free so call 407-740-8300 or email Chris at [email protected] to find out how Chris can help you.
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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.
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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.
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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.
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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 occurred 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/
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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/
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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.
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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/
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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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Chris S. Boatright, P.A.
