Pinellas Park, FL asked in Criminal Law and Domestic Violence for Florida

Q: I'm asking in regards to my husband. He was arrested for domestic violence. How do I get charges dropped?

We are going through hardship right now. We got into an argument and he put mustard all in my hair. For it not to escalate any further I called the police. Thinking they'd give warning. Well they arrested him for misdemeanor. He was arraigned today. Bond is $10000.00 and we aren't allowed contact and if and when he's released he has to wear a monitor. I feel that's a bit much considering I was not hit or hurt. He however has priors. What can I do to help get him out of this situation?

1 Lawyer Answer
Shiobhan Olivero
Shiobhan Olivero
  • Criminal Law Lawyer
  • Brandon, FL
  • Licensed in Florida

A: The decision to prosecute someone or not is the sole discretion of the State Attorney's office. You can call their office and file a "request not to prosecute" but this does not guarantee the State will not proceed forward.

As for the contact, you can file a motion to request contact with your husband, which must be set for hearing and the judge will determine if contact is granted.

Your husband should hire an attorney right away. By the amount of his bond, I am assuming he was arrested for a felony battery, and not a misdemeanor. This can have serious consequences for him, and he should get an attorney right away.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.