FAQ
The police come to your house looking to speak to you either because you are a possible suspect to a crime or a possible witness to a crime. Either way, the officers are trained in the art of interrogation. They would rather speak to you alone than with a lawyer present because they know you don’t know your rights. Call me. I will call them on your behalf. Allow me to talk to them before you say something that could hurt you in court.
When a person is arrested, they are sometimes taken to the police station to speak to a detective. Or they are taken to the station so that the officer can finish his arrest related paperwork. The person will then be transported to the county jail where he will be processed. This consists of the person being fingerprinted, searched and evaluated medically. He or she will then appear before a bond duty judge. That judge’s sole duty is to grant or deny bond. The law favors granting the accused a reasonable bond that will secure his appearance at future hearings. However, certain charges will make the person ineligible for a bond due the nature of the offense. For example, when a person is accused of a burglary with a battery while armed, he or she will not qualify for a bond. This is because the punishment for that crime is life in prison. The law says that because the punishment for the crime is so severe, the accused has every incentive to flee and become a fugitive. Therefore, a bond will not suffice to secure the accused’s presence. Call Omar to discuss how he can still fight to get your loved one a bond.
This is a misconception. Your spouse can not drop the charges. The only person who can drop the charge is the State of Florida as they are the ones prosecuting the case. Not your spouse. The State of Florida knows that spouses reconcile and forgive each other. To them, the act of reconciliation does not mean that a crime did not occur. Therefore a state attorney will subpoena your spouse to his or her office to take their sworn testimony. They will also take sworn testimony from the officer(s) who arrested you, they will obtain pictures taken by the officer at the scene, they will subpoena neighbors or any other witness that may have heard or saw the domestic violence and they will obtain the 911 call related to the domestic violence call. Essentially, the state can prove their case against you with other evidence.
When a person is on probation he or she signs an agreement acknowledging that they are on probation and that they will abide by certain terms. Those terms include: no new arrests. Once a person is arrested for a new crime, he or she will typically be held in custody without a bond. In the event that the person appears before a bond duty judge and bond is granted, the probation officer will still file a violation of probation which could result in the person being re-arrested and may sit in jail without a bond.
The state attorney may have been unaware that the person was on probation and may have not alerted the bond duty judge. As such, the probation officer will notify the court of the new arrest and the court will have the probationer arrested to answer for the violation. Call my office; I have a lot of experience in dealing with the resolution of violations of probation and obtaining a bond while I work to resolve the violation of probation.