I am being charged with domestic violence and tampering with victim on the same case. I do not believe I fit the statute for DV as we never lived together, I am not on the birth certificate of the child and she denies knowing who the father is and we were never married. My question is if I wait until I am in jeopardy and submit these facts, would the charge of DV be thrown out leaving only the tampering charge? Or is the exsistance of the two charges together make it impossible to use this strategy? Thanks so much.
Assault & Battery Double Jeopardy
- Thread Starter drewhoo
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army judge
Super Moderator
The law isn't about speculation.
It's about facts.
Wait until you're charged.
That might never happen.
Until it does, you'd be best served to clam up and stop worrying.
The train to Worryville has departed.
In the future, if fate is kind to you, don't get yourself in these sticky situations.
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It's about facts.
Wait until you're charged.
That might never happen.
Until it does, you'd be best served to clam up and stop worrying.
The train to Worryville has departed.
In the future, if fate is kind to you, don't get yourself in these sticky situations.
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Jeopardy
Thanks for your reply. I have already been charged and falsely too by a vindictive woman, but you are so right, first time ever in jail too. The question still remains however. I was charged at first with simple DV Battery, then 7 days later also charged on the same incident with Felony DV Battery. Three different police reports over 7 days escalating in the violence. The simple battery was dropped, no info. I am to respond to a possible plea deal tomorrow. This has been a nightmare and has educated me already at such a late age in my life that I shuld have learned long ago. Can you plz help me, do not trust anyone here. Thanks.
Thanks for your reply. I have already been charged and falsely too by a vindictive woman, but you are so right, first time ever in jail too. The question still remains however. I was charged at first with simple DV Battery, then 7 days later also charged on the same incident with Felony DV Battery. Three different police reports over 7 days escalating in the violence. The simple battery was dropped, no info. I am to respond to a possible plea deal tomorrow. This has been a nightmare and has educated me already at such a late age in my life that I shuld have learned long ago. Can you plz help me, do not trust anyone here. Thanks.
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army judge
Super Moderator
drewhoo said:
The police are always gathering new details, like ants gather grain. The facts change, sometimes by the hour. As new information becomes known, charges can also be changed by the DA. That appears to have happened in your case.
I'll offer whatever assistance I can. When the plea deal arrives, let me know. Until that happens, say nothing. When it happens, ask for time to consider the details.
You should have a lawyer. If you can't afford one, ask the court to appoint one for you.
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Thanks very much. The loss of my daughter, my only child (4 years old) has been devastating to me. Ex Army myself, too old for this (late 40's) and simply met the wrong woman who has a history of doing this to other men. I have a PD and though I like him, he is way too bust and just trying to plead me out. Though she called the police first, as I never wanted to, I am the bad guy. It certainly has changed my life forever. It has been over two months since the incident. I have taken this all very personal and am on the way to being an attorney myself as I feel my guilt seems so certain to "them" when she was the aggressor. The law and all this is very strange, it seems they do not care about anything, just the numbers. THanks again.
What actually happened?
Bat State - Thanks for your interest, however, my story have never been told yet and as Army Judge has told me, keep my mouth shut I think is excellent advice. I am just trying to figure all this out and get myself out of this mess and moved back to my hometown and out of Florida. Thanks.
army judge
Super Moderator
drewhoo said:
If you think there is something I need to know to help you, what's your email address?
We can exchange ideas freely on email.
Otherwise, plead not guilty, and force the state to prove it's case against you.
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mightymoose
Moderator
You need not be married, have a child together or lived together to be charged with domestic violence.
If you were currently dating at the time of the incident (though living separately), or were previously dating, then the domestic violence statute still applies. The statute also applies to roommates who live together but are not in any kind of dating relationship. There are various combinations that fit the statute.
784.046(d)
If you were currently dating at the time of the incident (though living separately), or were previously dating, then the domestic violence statute still applies. The statute also applies to roommates who live together but are not in any kind of dating relationship. There are various combinations that fit the statute.
784.046(d)
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All of these are excellent points. I really mean it. A few things I was thinking:
1 - If you don't say anything until you need, you cannot be charged with anything else.
2 - As was said, the facts are what they are. If the state can't make it's case, and it is the burden of the state - not yours, then the case collapses entirely without you saying a word.
3 - I was always told, if the case is going your way, just shut up.
4 - Assuming the case doesn't go your way, you will have an opportunity to make a defense. Best to speak to a lawyer and one can be appointed to you. It is possible you might not have read or understood the statute properly. It happens to lawyers too so don't take it too personally.
5 - Your strategy of one or the other doesn't make sense. From what I read... and I could be wrong... chances are you tried to reason with a person who might not be rational. You try to calm it down and she calls the police and plays the part of the harassed victim. I don't know. Stay away, don't say anything, see what the police have uncovered, get as much information as you can and be quiet. Don't even try to rationalize to the police answers - they always try to get you talking. Speak to your lawyer and make the state prove the case. It may drop entirely.
Just some thoughts here... I don't know all the facts...
1 - If you don't say anything until you need, you cannot be charged with anything else.
2 - As was said, the facts are what they are. If the state can't make it's case, and it is the burden of the state - not yours, then the case collapses entirely without you saying a word.
3 - I was always told, if the case is going your way, just shut up.
4 - Assuming the case doesn't go your way, you will have an opportunity to make a defense. Best to speak to a lawyer and one can be appointed to you. It is possible you might not have read or understood the statute properly. It happens to lawyers too so don't take it too personally.
5 - Your strategy of one or the other doesn't make sense. From what I read... and I could be wrong... chances are you tried to reason with a person who might not be rational. You try to calm it down and she calls the police and plays the part of the harassed victim. I don't know. Stay away, don't say anything, see what the police have uncovered, get as much information as you can and be quiet. Don't even try to rationalize to the police answers - they always try to get you talking. Speak to your lawyer and make the state prove the case. It may drop entirely.
Just some thoughts here... I don't know all the facts...
more information
By her own admission in a DV hearing she admits that we have not been a dating relationship since 2006. Also we never lived together, never married, and she said in the hearing that she does not know who the father is. Yeah I know, how did I get here and what a winner not to mention, she had three other children from a previous marriage, lost them to her husband and paid child support on them for over 10 years. The statute on the first police report was 784.03, that was dropped and is now 784.041 felony.
In January I hired an attorney to establish paternity, something the ex has never wanted. In fact within 2 weeks she filed a petition for DV on me which was denied and then filed making harassing phone calls on me (still pending).
She had made many police reports on me none of them I was contacted about, on several of them the police said on the reports that in a word, she was being paranoid, which she has always been.
I had hoped due to the collusion between my ex and her boyfriends cop brother in law, it would have been dropped altogether. I recorded a conversation between me and the ex's boyfriend where he admitted that he bother in law was helping my ex and that they were "ghung ho" at getting my ass. A friend of mine wrote the SA (state attorney) and told him about it, he called her back and was very interested, wanted a copy of the recording, however since found the recording was illegal. The SA said he would not try a case he could not win and seemed more interested in the cop than me.
I have been told that the SA and the PD (public defender) are in bed together and that they are just scaring me to take a plea deal. The SA contacted my private attorney and asked him to ask me to take a DNA test to "diffuse the situation". I believe that he asked the ex also and sure she said no, so he wants me to take one and force it for... I believe that he knows his case does not meet the statute for DV. This is why I thought it might be possible to play this out to the point I am in legal jeopardy on the plea deal and then announce this to the judge. Problem is, the point of jeopardy on a plea deal is after the judge accepts the guilty plea. How can you have it dropped after you have plead guilty?
My PD has stated that this case has more information/evidence than a murder trial. Personally I think due to the ex reporting first the incident and her prior complaints however disprovable and devoid of fact, they may have a case her. IT is a he said she said incident with no witnesses and I was physically hurt more than her and the police on the day of the incident were going to charge her with aggravated battery, but I did not come in and sign the report due to I was hoping it would all just blow over and the concern for what would happen to my daughter, big mistake it seems.
Today I should find out what the first plea offer is. I already have heard that it is not to good, I guess it depends on how one looks at it. Again I have never been in trouble before, no criminal history. My PD is telling me it is a good deal, I think he just doesn't want to deal with it. He called the SA when I was in the room and told him that he was calling about his favorite case. He also told me that the SA didn't like his witness, my ex very much, I am sure she wants me in jail for the rest of my life.
There is so much to all this case, history between us, her past and from what my PD says, pictures a friend of hers took of her injuries the day after the event that are damning. The pictures the police took after she left a fw hours and came back to the police the day of the incident were excluded from evidence, therefore, I cannot believe that any other pictures would be admissible either. I do not know what is admissible or isn't. Hard to make a decision when you I do not know that either.
Thanks all.
By her own admission in a DV hearing she admits that we have not been a dating relationship since 2006. Also we never lived together, never married, and she said in the hearing that she does not know who the father is. Yeah I know, how did I get here and what a winner not to mention, she had three other children from a previous marriage, lost them to her husband and paid child support on them for over 10 years. The statute on the first police report was 784.03, that was dropped and is now 784.041 felony.
In January I hired an attorney to establish paternity, something the ex has never wanted. In fact within 2 weeks she filed a petition for DV on me which was denied and then filed making harassing phone calls on me (still pending).
She had made many police reports on me none of them I was contacted about, on several of them the police said on the reports that in a word, she was being paranoid, which she has always been.
I had hoped due to the collusion between my ex and her boyfriends cop brother in law, it would have been dropped altogether. I recorded a conversation between me and the ex's boyfriend where he admitted that he bother in law was helping my ex and that they were "ghung ho" at getting my ass. A friend of mine wrote the SA (state attorney) and told him about it, he called her back and was very interested, wanted a copy of the recording, however since found the recording was illegal. The SA said he would not try a case he could not win and seemed more interested in the cop than me.
I have been told that the SA and the PD (public defender) are in bed together and that they are just scaring me to take a plea deal. The SA contacted my private attorney and asked him to ask me to take a DNA test to "diffuse the situation". I believe that he asked the ex also and sure she said no, so he wants me to take one and force it for... I believe that he knows his case does not meet the statute for DV. This is why I thought it might be possible to play this out to the point I am in legal jeopardy on the plea deal and then announce this to the judge. Problem is, the point of jeopardy on a plea deal is after the judge accepts the guilty plea. How can you have it dropped after you have plead guilty?
My PD has stated that this case has more information/evidence than a murder trial. Personally I think due to the ex reporting first the incident and her prior complaints however disprovable and devoid of fact, they may have a case her. IT is a he said she said incident with no witnesses and I was physically hurt more than her and the police on the day of the incident were going to charge her with aggravated battery, but I did not come in and sign the report due to I was hoping it would all just blow over and the concern for what would happen to my daughter, big mistake it seems.
Today I should find out what the first plea offer is. I already have heard that it is not to good, I guess it depends on how one looks at it. Again I have never been in trouble before, no criminal history. My PD is telling me it is a good deal, I think he just doesn't want to deal with it. He called the SA when I was in the room and told him that he was calling about his favorite case. He also told me that the SA didn't like his witness, my ex very much, I am sure she wants me in jail for the rest of my life.
There is so much to all this case, history between us, her past and from what my PD says, pictures a friend of hers took of her injuries the day after the event that are damning. The pictures the police took after she left a fw hours and came back to the police the day of the incident were excluded from evidence, therefore, I cannot believe that any other pictures would be admissible either. I do not know what is admissible or isn't. Hard to make a decision when you I do not know that either.
Thanks all.
mightymoose
Moderator
Under 784.041 you are likely being charged with felony battery rather than domestic violence. If there was a significant injury that required medical attention then this would likely apply to your situation.
Already charged. Waiting for my PD with plea offer. The only one injured was me, but I dealt with it myself. Again, never had trouble before until this. All I was wondering was that if I didn't meet the statues of domestic violence, could I wait until I was in jeopardy, then announce this, the charge be dismissed and I get on with my life after years of torture from this whole thing?
army judge
Super Moderator
drewhoo said:
If DV is off the table, the felony battery isn't that hard to defend, unless you plea to something. If you take a deal, you eliminate any and all defenses. You know what the facts are, because you were there.
I know you want thus gone. But, taking a deal want make this disappear. The aftermath is going to make things worse.
You may get probation, but you'll still have a conviction. If you get a misdemeanor deal, with a diversionary disposition, maybe, but no lawyer will ever tell you to plead to something you didn't do.
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mightymoose
Moderator
You won't get the case dismissed as easily as you think. If they have charged you with the wrong offense they can easily amend the charges to correct the error.
Are you unable to use the private messaging option on this site? Seems to be a better alternative to posting your private email address on a public forum which is easily searchable.
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