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Posted: 5/19/2023 1:30:14 PM EDT
[Last Edit: m47181]
So a member of my family has been in a toxic relationship for a few years. So I get a call the other night to pick her up.
This is the second time but she dropped the charges last time and this time also.
Now I ran a background and have all the court papers from his current arrest.
The state says they found probable cause to charge him with aggravated assault with a deadly weapon without intent to kill.
Even though he put a gun to her head.
She fled. The police report says they found him in his truck,with a loaded 9mm in his pocket.
They used a level 6 threat assessment. He was released with an ankle monitor and a 1500 foot restraining order from her.
I know its his 2nd offence, its a 3rd degree felony.
What are the chances this piece of shite is gonna get put away?.
Link Posted: 5/19/2023 2:52:49 PM EDT
[#1]
Wouldn’t think he would be in for long. Guessing they will cut a deal with him since she isn’t likely to testify against him.
Link Posted: 5/19/2023 3:18:10 PM EDT
[#2]
IANAL.

Little chance he will be in for long.
Link Posted: 5/19/2023 8:31:35 PM EDT
[Last Edit: high_order1] [#3]
Originally Posted By m47181:
So a member of my family has been in a toxic relationship for a few years. So I get a call the other night to pick her up.
This is the second time but she dropped the charges last time and this time also.
Now I ran a background and have all the court papers from his current arrest.
The state says they found probable cause to charge him with aggravated assault with a deadly weapon without intent to kill.
Even though he put a gun to her head.
She fled. The police report says they found him in his truck,with a loaded 9mm in his pocket.
They used a level 6 threat assessment. He was released with an ankle monitor and a 1500 foot restraining order from her.
I know its his 2nd offence, its a 3rd degree felony.
What are the chances this piece of shite is gonna get put away?.
View Quote


Lot of factors in play there.

I am not a legalperson, and I don't know florida.

The problem is your relative. If you can't get her to file a victim's statement, and she will probably go back to him, most courts won't spend a lot of time on this absent some motivation.

Go see the District Attorney in person. Share with them your concerns. Ask if there are sentencing guidelines, and give them all the aggravating factors you can think of.

Best you can do; and it is a helpless feeling. I know.


Edit:
I am NOT telling you to do ANYTHING.

I will merely suggest, if he has a restraining order, and somehow can be proven to be within the distance; it will help your situation. Hunters have these cellular-enabled cameras, they are relatively small, and not terribly expensive to operate.

Never tell her though, she will blame you for meddling. I know this, too
Link Posted: 5/19/2023 8:35:32 PM EDT
[#4]
She would have to be willing to testify and the courts will plead it.down to.some bs misdemean9r
Link Posted: 5/20/2023 12:19:53 PM EDT
[Last Edit: m47181] [#5]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By badguybuster:
She would have to be willing to testify and the courts will plead it.down to.some bs misdemean9r
View Quote


So I did get the police report, court records, and the court minutes, so I understand that her not willing to testify is the Key, but why would they waste there time one with an ankle monitor, keep him in jail for three days before his first court appearance and why set bail at $10,000 if they weren’t going to take it seriously. But I do understand that sometimes the courts just can’t do much without the witness statements
Also if thats the case i could see a plea deal.
Link Posted: 5/20/2023 1:51:05 PM EDT
[#6]
Our prosecutor's office would try the case using statements made on scene by the victim, statements of witnesses, and the officer,  which should be included in the officer’s incident report.  Victim subpoenaed to court and testify.  Told us if victim wouldn’t cooperate, they would treat her as a hostile witness on the witness stand.   If the officer was thorough, he might get pics of the scene and the victim.  These steps came from the prosecutor’s office.  I worked in a large city and our Sergeant would tell us take a Polaroid of everything and get back in service, so we really didn’t get to spend time on something like this.  We were slaves to 911 calls.  Most of the time you have to get all this while the victim is still cooperative on the scene and still pissed off.  Very frustrating calls.  We know the courts wouldn’t do anything and the victim would drop the case at the city level.  We had victim advocates at the city and state level.  We also used the battered women’s shelter, from DFACS.  I always knew that the women I dropped off there were safe.  I saw a veteran officer improve the profile of a batterer’s nose one time, just to get some relief for the victim.  And she did, for the rest of the weekend.  You can’t do that these days.
Link Posted: 5/20/2023 1:56:41 PM EDT
[#7]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By m47181:


So I did get the police report, court records, and the court minutes, so I understand that her not willing to testify is the Key, but why would they waste there time one with an ankle monitor, keep him in jail for three days before his first court appearance and why set bail at $10,000 if they weren’t going to take it seriously. But I do understand that sometimes the courts just can’t do much without the witness statements
Also if thats the case i could see a plea deal.
View Quote


Domestic violence is a serious issue and it’s taken very seriously.  Here, when a woman  gets a domestic violence order, or restraining order, whatever it’s called in your state, she looses all say if the target violates the order.  Doesn’t matter if she invites him over or not, if he violates the order, he’s going to jail, and he’s not getting out till he sees a judge.  There’s no bond.
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