Claris Law Legal Blogging Community

Editor: Tampa Criminal Attorneys
Profession: Tampa Defense Attorneys

Category: Criminal Law

Case #06-CM-022191; Judge Tom Barber; Date: November 3, 2006

FACTS: The defendant worked as security for an establishment in Ybor City. Another security officer called him for assistance with one of the patrons who had broken a glass door. The customer was intoxicated and attempted to run from the bar after the altercation. Our client attempted to restrain the customer until the police arrived. After the officer arrived on scene he arrested our client, his assistant, and the customer. The customer claimed our client struck him shortly after he was arrested for criminal mischief.

DEFENSE: The client had done nothing more than restrain this intoxicated man, and made no effort to injure him. We discussed the actions of the victim with the State Attorney. After further negotiations the victim decided to file a request not to prosecute. It is important to realize that even though the victim of any criminal charge files a request not to prosecute it does not mean the case is over. The State Attorney's Office represents the people of the State of Florida, and does not have to drop a criminal charge just because the victim of a crime asks them to drop it. The fact that a victim wants the State to drop a charge is a factor considered by a state attorney, but it does not mean the State will necessarily drop it. In order for the State to drop a charge they must be convinced that they factually have a weak case. It is the job of your lawyer to convince the State of that. Do not try to do it on your own. Especially if you are the defendant. That idea is frought with all kinds of problems.

RESULT: The State dismissed the charge.