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Battery Assault & Battery

Discussion in 'Criminal Charges' started by member abcde, Jan 11, 2020.

  1. member abcde

    member abcde Law Topic Starter Guest

    Jurisdiction:
    Florida
    I received a letter from an attorneys office regarding a Complaint Alleging Misdemeanor Crime “Battery”. That I am invited to appear voluntarily without subpoena but I don’t have to appear. I’m wondering what I should do and should I retain an attorney?
     
  2. Zigner

    Zigner Well-Known Member

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    You're accused of a crime. It would be wise to speak with an attorney before responding in any way.
     
  3. member abcde

    member abcde Law Topic Starter Guest

    Thank you
     
  4. mightymoose

    mightymoose Moderator

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    You are not obligated to do anything at all.
     
    Michael Wechsler and army judge like this.
  5. welkin

    welkin Member

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    Where do they want you to appear in court or at their law office?

    That you can voluntarily appear without subpoena but you don't have to appear doesn't make much sense. Why would an attorney waste their time even writing such a letter?

    If the letter asks you to pay any money to make this go away, it is likely a scam.

    I would Google the name of the law office to see if it exists first. If you have any question about the legitimacy of the letter, take it to your local police and find out if it is a scam.
     
  6. flyingron

    flyingron Active Member

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    He would write it because he doesn't have any actual basis to get a real subpoena and is fishing.
    This is like the cops telling you that you aren't under arrest, but they'd like to ask you some questions.
     
  7. welkin

    welkin Member

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    Or it is just a scam from someone that is not an attorney. The OP would know if there is something their past that might rise to the level of crime.
     
  8. justblue

    justblue Well-Known Member

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    Have you assaulted someone in the fairly recent past?
     
  9. member abcde

    member abcde Law Topic Starter Guest


    they want me to make an appointment to come to the office.
     
  10. justblue

    justblue Well-Known Member

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    Would you please answer the question I asked in post # 8?...Thank You.
     
  11. member abcde

    member abcde Law Topic Starter Guest

    No. I had a argument with someone.
     
  12. army judge

    army judge Super Moderator

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    ......../\/\/\/\/\
    THIS, except it couldn't hurt YOU ( @Allison Alston ) to talk to an attorney before you do anything.
     
  13. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    Thinking this through, what is the benefit to you by talking this out with a skilled attorney who is working against you - to convince them not to file a lawsuit? If they have demands, they can make them to you in writing. As it's civil, they are looking for money damages for something, whatever it is that transpired. What may be happening is that they don't have enough evidence to make a case as a criminal complaint - assuming one has been filed - either hasn't been investigated or doesn't have enough information to make for a likely win in court. So if they don't have the benefit of evidence compiled by the police to make a criminal case , this may be a way for a skilled attorney to either obtain information to help make a case (anything you voluntarily provide can and will be used against you in a civil lawsuit) and/or an attempt to leverage you into a settlement by fear of a lawsuit.

    So the way I see it, the choice is yours. You can ignore it and whatever will happen (or won't) ultimately will happen (or won't.) If you choose to go in, you'd be foolhardy to go without an attorney, which will cost you a good amount of money just for a conversation. If you choose to have such a conversation, you're best off having a private legal consultation with an attorney who can best apprise you of the situation and the most appropriate approach.
     

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