Domestic Violence E-Book, Part V

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Common Questions When Defending Domestic Violent Cases in Florida

 

What Strategies Are Used To Defend If Someone Is Going To Agree To Some Level Of Guilt? Also, What If Somebody Simply Didn’t Do Anything Wrong?

The lawyers of Blake & Dorsten P.A. have over a hundred combined jury trials and can be very aggressive in litigating cases. If someone’s innocent and they maintain their innocence, that they didn’t do anything wrong, it’s vital to preserve your constitutional rights.  If need be, set the case for trial, get the police reports and let the jury decide the outcome. So, that’s one possible scenario.

Other solutions?  There might be a case where the charge can be reduced, maybe no conviction or maybe some kind of counseling with the prosecutor willing to drop the case after the counseling is completed.

What Happens When Someone Pleads Guilty But It Doesn’t End Up In A Conviction? How Often Does That Happen And How Often Can The Client Be Saved Or Have Charges Reduced?

Blake & Dorsten P.A. will often try to get their clients’ charges reduced and/or dropped, that’s the goal of almost every single case. So, it can happen a lot.

Depending on the facts of the case, a client may be a candidate for the Diversion Program. The diversion program is available for first-time offenders and available through the state attorney’s office.  It is up to the state attorney as to whether you would be admitted.  This is where your lawyer negotiates admission to the program with the prosecutor. In the diversion program the defendant will have a series of things he/she must do such as community service hours, treatment for drugs/alcohol if needed and restitution to the victim.  If successfully completed, the prosecutor will drop or dismiss the case. So, it’s important to look at those options and determine which one is best for the client.

The prosecutor generally only allows a diversion program early on in the case.  Once litigation drags on, the diversion option is taken off the table. That’s why it’s important to get in early with your lawyer, assess your options and to figure out what’s the best strategy and what’s the best defense for each individual case.

How Do Self Defense Scenarios Really Play Out?

Self-defense is generally the most common defense in a battery situation. For a person to claim self-defense, they first usually had a duty to retreat, meaning if the situation was escalating, they had a duty to de-escalate it and to leave. There are certain exceptions to that such as the castle doctrine.  That is where if one is in their own house, they don’t have to retreat from their own home.

Additionally Florida changed added a law that has become known as the Stand Your Ground law, that means you can actually stand your ground and stand there and defend yourself against someone that is potentially attacking you and you have a reasonable belief that you’re in great bodily harm or fear of death in that situation.

Again, that’s a case by case analysis. Self-defense is often claimed in battery prosecutions, and it really comes down to a lot of them he-said-she-said. So, it’s often a great defense and it can be used among other defenses in the overall case strategy.

Why Is It Important To Have An Experienced Domestic Violence Attorney Versus A General Criminal Defense Attorney Or Family Law Attorney?

If you get a firm that specializes in  criminal defense and domestic violence, they will really know the ins and outs of the law as well as keeping up on constant statute updates.  They will know who your prosecutor is as they’re in court with them almost each and every day. Moreover, there are specialized domestic violence courtrooms, and those courtrooms have their own procedures and their own rules that are unique to the domestic violence cases.

The lawyers of Blake & Dorsten, P.A. know the judges involved in each of those cases. If you hire a criminal defense firm that also specializes in domestic violence, you’re going to get an attorney that knows the law, knows the prosecutors, and is familiar with the domestic violence judges.

What Sets Blake & Dorsten P.A. Apart In Handling These Cases?

What sets Blake & Dorsten P.A. apart from a lot of criminal defense firms, is that both Nicholas Dorsten and Rex Blake are former prosecutors including a stint as domestic violence prosecutors. As a result, they know the strengths and weaknesses of each case and will know what’s successful and not successful.   They have handled 1000s of cases as both prosecutors and as defense attorneys.  With Nicholas Dorsten and Rex Blake you are getting a firm that specializes in these types of cases.

For more information on Defending Domestic Violence cases in Saint Petersburg, Florida, a free initial consultation is your next best step. Get the information and legal answers you’re seeking by calling the law office of Blake & Dorsten P.A. at (727) 286-6141 today.

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