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JBA2848
reply to post by tanda7
That came from Fox News.
On TV.
The news comment on Fox News was he beat up the wifes father then threatened the wife.
tanda7
I think the testimony of a hysterical wife may not be the best of sources.
A spokesman for former Local 6 legal analyst Mark O'Mara, who represented George Zimmerman in his murder trial, said he had no comment at this time.
ORLANDO—
UPDATE: The estranged wife of George Zimmerman is not planning to press charges after police were called to a domestic dispute in central Florida on Monday, said Lake Mary police chief Steve Bracknell
JBA2848
reply to post by anniquity
State of Florida is the one who would press charges. It is not up to the wife to press charges. It has been removed as right in domestic disputes in Florida. The State of Florida presses charges in domestic disputes even if both parties don't want to.edit on 9-9-2013 by JBA2848 because: (no reason given)
Q6. My wife/girlfriend told the police that she did not want to press charges but I was arrested anyway. Now she told the State Attorney's Office that she wants the case dropped - but they won't drop it. Can they do that? How can they continue under those circumstances?
A6. Yes, they can do what they are doing and they can attempt to prosecute you despite your wife's position regarding the case. Many successful prosecutions of domestic violence cases have been done without having the victim testify. The State may have other evidence that they feel will be enough to convict you such as excited utterances, photos of injuries, admissible statements, etc. Believe it or not, people have been found guilty of these offenses even when the alleged victim has taken the stand and denied it ever happened. The Fourth District Court of Appeal stated back in 1999 that the "decision to prosecute does not lie with the [alleged] victim of the crime." State v. Wheeler, 745 So.2d 1094 (Fla. 4th DCA 1999).
Rights of the "Victim" are cast aside.
When the State Attorney's Office files charges against a person accusing them of domestic violence they must list a victim to prove their case. The legislature has given alleged "victims" of crime many statutory rights found in Chapter 960 of the Florida Statutes. Among these rights, which we will get to in a moment, is the legal definition of a victim = "any person who suffers personal physical injury or death as a direct result of a crime." Crimes are defined by the criminal statutes but whether a person has suffered a personal physical injury is (or should be) defined by the alleged victim!
For example, a couple that routinely expresses themselves by abrupt physical contact (like the way Elaine on the TV show Seinfeld routinely shoved other characters and said "get out!") are not committing crimes against each other even though such an act has all the elements of a battery.
When the State files a charge of domestic violence the victim has specific statutory rights. Among these are the statutory right to be present at all proceedings and hearings relating to (1) the arrest of the accused, (2) the release or modification of release conditions of the accused pending judicial proceedings, (3) and the prosecution of the accused.
Additionally the victim has a right to express views about the (1) release of the accused pending judicial proceedings, (2) any plea agreement, (3) participation in pretrial diversion programs, and (4) sentencing of the accused.
So what happens when the "victim" expresses the view that she does not want to testify or prosecute the case against the accused? Often the victim's expression is ignored - even when the alleged victim's expression indicates that she is not a victim of a crime.
reply to post by starfoxxx
In Florida, law enforcement finds itself forced to make an arrest.
The way the statute is written most law enforcement agencies require that an arrest be made when their are allegations of domestic violence (regardless if it is the assertions of neighbors, passer-bys, or complete strangers). The statute gives civil immunity to law enforcement for any arrests that are made. Law enforcement agencies interpret this as giving them immunity only if an arrest is made. Therefore, the poorly written statute has led to the arrests of thousands of people that are not "domestic violence batterers" (cyclical violence) who then have to face prosecutors brainwashed into the belief that the only source of help is to convict them of a bogus charge.
anniquity
JBA2848
reply to post by anniquity
State of Florida is the one who would press charges. It is not up to the wife to press charges. It has been removed as right in domestic disputes in Florida. The State of Florida presses charges in domestic disputes even if both parties don't want to.edit on 9-9-2013 by JBA2848 because: (no reason given)
How interesting. I didn't realize that. Where I'm at it's usually up to the injured spouse to press charges. A police officer here can initiate charges if he actually witnesses a domestic assault, but if the abused spouse doesn't cooperate, it's very hard to get a conviction. Does the assault/abuse/battery have to be witnessed by someone there in Florida for the state to file charges?
That takes the whole situation to a whole different level...
Thanks for the info,
~ann