What to do if my husband and daughter were involved in a domestic dispute and the state attorney is pursuing the matter even though my daughter has requested that all charges be dropped?

What is the worst that can happen to him when he appears for arraignment?

Asked on August 19, 2013 under Criminal Law, Florida

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

The fact is that it is the state that determines whether or not to proceed with a case, not the alleged victim. While it would be better to have the victim's cooperation, the state can go forward if there is other evidence to support the charge. As to what can happen, it depends. Your husband may be released on bond or OR; it varies on the jurisdiction and the facts of the incident.

At this point your husband would be well advised to consult directly with a criminal law attorney who practices in the area of where all of this occurred. A charge such as this is nothing to fool with.


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