Claris Law Legal Blogging Community

Editor: Tampa Criminal Attorneys
Profession: Tampa Defense Attorneys

Category: Domestic Violence

I have been involved in defending the falsely accused in Tampa and the outer lying counties for over 15 years. Justifiably, most people who have been falsely accused carry a tremendous amount of anger. They typically have a desire, born out of principal, which pushes them toward trial. A trial is the only thing that will settle the dispute because it is the only way the accuser can be exposed. On the surface, this mentality may sound more like "an eye for an eye", but in reality this approach is somewhat necessary. Is there a part of almost every person who has been falsely accused that wants the accuser to feel what they have felt, and want it to play out in a public forum? Absolutely. When you consider the suffering a false arrest creates its hard to disagree. Make no bones about it; even a false arrest for a minor criminal offense is an attempt by the accuser to destroy the defendant's life in some way.

The Fallout of the False Arrest

For no reason at all you are taken into custody, and incarcerated at the local jail. This public embarrassment is a very painful attack on anyone's character. The arrest can also affect your employment in both the short and long term. Worst of all is the threat of possible punishment.

For anyone who has been falsely accused exoneration in a public forum is the closest thing to restoring his or her former life. Why? It removes all of the fallout that comes with a criminal conviction. When a Hollywood actor is libeled in a publication, they sometimes pursue the litigation to trial despite receiving a large settlement offer prior to trial. It's worth it to the actor to send the message to others that they will "stop at nothing" to punish the party responsible for the false accusations. In the end, the message is more important than the money. On a much smaller scale, you see a similar scenario play out when a criminal client is made a terrific offer on very serious criminal charges. Sometimes the answer is "no thanks". Why should anyone agree to an intervention program when they did nothing wrong?

Exoneration in a public forum to some degree does a number of things for the defendant. First, it restores their character in the public's eye. When the defendant is found "Not Guilty" in a public forum, it sends a message that the charges were false. The threat to the defendant's future is also, in large part, wiped away. If acquitted, the threat of punishment through incarceration or probation is also removed.

The process (jury trial) of restoring the character of the falsely accused can mean pointing a finger and exposing the accuser as a liar. However, for many of the falsely accused their character is only restored to the extent their accuser is exposed as a liar. Most lawyers (not just criminal) appreciate this mindset. I only wish the trial was as embarrassing for the accuser as it was for the defendant when he or she was arrested for the wrong reasons. If it was it might create a better deterrent to those who would waste the court's time and the taxpayer's dollars with frivolous charges.

All the above being said, it is important to realize that while our justice system is the best in the world, it is not perfect. In a recent case we represented a client who was accused of domestic battery in Tampa. Shortly after his girlfriend had him incarcerated for domestic battery she filed a domestic violence injunction against him. All the allegations were frivolous. We believe she was using the criminal charge and the injunction as a weapon to force our client to change. After hearing the facts of the case it was obvious that he didn't need to change, she did. Using the court system to affect someone else's behavior seems far-fetched. Unfortunately, this conduct is not uncommon.

When Trial is Not the Answer (Even for the Falsely Accused)

The boyfriend's first reaction was to force the injunction and the battery charge to trial (After discussions with the prosecutor the domestic battery charge was eventually "no filed" or dismissed by the prosecutor). He had been through a lot, and he was not interested in making the process any easier for her. After discussions with the girlfriend's lawyer, we arranged a resolution that involved avoiding the trial, and resulted in a dismissal of the injunction. Why was negotiation the better alternative, even after all the client had gone through? In a word, it "guaranteed" a result. It was less costly and took less time, but more importantly, the dismissal of the injunction through negotiation assured us that the injunction would be dismissed. We have great judges in Tampa, but it would be stupid to force any judge to weigh facts in a case at trial if you could guarantee a dismissal short of trial. When the victim is going to lie and refuse to cooperate, then you must go to trial. However, there are times when removing the "human factor" (judge or jury) out of the equation and creating a definite result is the far better tact.

When Trial is the Only Option

We represented another client whose former girlfriend was so unbalanced that even after petitioning the court for a domestic violence injunction and losing she insisted on pursuing the battery charge to trial. As is often the case the domestic violence injunction and the battery charge involved the same allegations. While preparing the case for trial the client provided us with a tape of an angry phone call from (petitioner/victim) her shortly before her arrival at his home on the night of the incident. She threatened to break into his home if he wasn't there. She also threatened in another message that, "We will not break-up tonight". The taped phone calls would embarrass and humiliate most people, and clearly proved she was in an angered state shortly before their altercation. She petitioned the Plant City Court for a domestic violence injunction. The tape was played and the judge dismissed the injunction.

Amazingly, it didn't stop her from pursuing the domestic battery charge in front of Judge Nazaretian in our Domestic Violence Court in Tampa. The tape was played again, and the client was found "not guilty". The victim in this case was so vindictive about the breakup she refused to act reasonably. She was going to pursue the false allegations even if it meant lying under oath more than once.

In both of the above instances you have a so-called victim abusing our court system. Each one requires a different approach. If you are interested in learning more about domestic violence link to us at tampa criminal attorney or call us at 813-228-7095.