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Editor: Will Hanlon & Charlie Lambert
Profession: Tampa Defense Attorneys

Category: Criminal Law

State v. B; Judge: Nick Nazaretian

FACTS: The client was charged with False Imprisonment, Domestic Battery, and 2 charges of Violation of a Domestic Violence Injunction. The client, and his wife had a dinner party with friends from out of town. After the party ended the client came into the bedroom and began to argue with his wife. She eventually went into the bathroom and he followed her. After they entered the bathroom the client's son opened the door and ran to his mother. The argument continued, and according to the victim our client struck her while she was holding their son. She also claimed that our client locked the door, and refused to let her leave the bathroom. The Tampa Police arrived on scene and arrested the client.

Days after his arrest the client was served with a domestic violence injunction. Despite the Court's order he made attempts to contact the victim through a third person, and then tried to send her flowers.

DEFENSE: We contacted the State attorney before the charges were formally filed and explained the circumstances surrounding altercation, and our client's position. As a result of the discussion, the false imprisonment charge (3 degree felony) and the injunction violation charge were both no filed(dismissed). The other violation of domestic violence injunction charge and the battery charge were filed in county court. We filed a demand for speedy trial in county court and the State Attorney was unable to bring forth the necessary evidence to prove the remaining charges.

RESULT: The false imprisonment charge; two (2) violation of domestic violence injunction charges; and the domestic violence battery charge were dismissed.

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