TIPPING THE SCALES IN YOUR FAVOR
TIPPING THE SCALES IN YOUR FAVOR
We live in a violent society and sometimes a situation simply gets out of hand and you find yourself in a terrible situation. It can be something as simple are road rage where another driver becomes aggressive. It may be a domestic situation involving alcohol where someone picks up a gun or knife simply in self defense. It may be a bar fight where you came to the aid of someone being beaten up or attacked or you may have defended the honor of a woman. In Sarasota and Bradenton you may find yourself charged with aggravated battery, aggravated assault or discharging a firearm for simply coming to someone’s aid. By far, the most common situation involves family situations that get out of hand.
More people get falsely arrested for Domestic Violence than any other offense. Ever since the O. J. Simpson case police throughout the country have taken a zero tolerance approach to 911 calls involving domestic violence. The police are afraid of being sued if real violence later occurs so when they are called out, most of the time, an arrest is made. Men and women know how to manipulate the system. In the context of divorce situations, getting a spouse arrested is an instant way to get possession of the home. If the context of custody battles, a false accusation can get the other spouse arrested, thrown in jail and subjected to a restraining order. The system is constantly being abused and false accusations are rampant.
Alcohol is the number one Cause
As a criminal lawyer who has handled hundreds of domestic violence cases, I can honestly say, most of the time, alcohol is at the core of most arrests. Good people, under the influence of alcohol, sometimes over react to a comment, a family situation, overdue bills or jealousy and a domestic situation flares up. An otherwise good and loving father may snap, or a good wife or companion it a fit of jealousy or rage slap or scratch her partner. These are sad cases because most of the time the partners love each other and want the relationship to continue. The criminal justice system sometimes does not work. A no contact order can destroy the family and be counterproductive to successfully working out the problem.
Jail is not the Answer
There are situations where to protect a family member from harm, an arrest is necessary. Many times a wife or girlfriend may call the police to “calm things down”. An arrest can result in the arrested person losing his or her job. A no contact order (standard procedure) can put the family in financial crisis. I have seen men sleeping in their cars because they cannot go home. The goal, where possible, should be to restore the family unit. Counseling or alcohol rehab may be what is needed. Jail should be used as a last resort, not the first solution. Our criminal defense firm is committed to solving the family problem where possible are restoring the loving relationship. We understand that this is not always possible, but it should be the goal. Can I get the Charges Dropped? Not a week goes by that we do not hear this question. Often, the next day, after a domestic violence arrest, the wife, the girlfriend or the domestic partner contacts us in an attempt to reverse an arrest. Many times they candidly admit that they lied to the police because they were mad, jealous or drunk. Sometimes, the abuse really did occur but they realize that alcohol was the cause. Hiring a criminal lawyer helps tremendously. Sometimes we can present a “drop charge request” to the State Attorney and if there is a good legitimate answer as to how the situation arose, we may be able to convince the prosecutor to not go forward.
More people get arrested for domestic violence than any other reason. The police have zero tolerance and if 911 is called, someone is going to jail. You may have called simply to get the situation calmed down but when the police come, someone is going to get arrested. Our Sarasota defense firm often represents men and women falsely arrested for domestic violence. If there is injury, even if it was accidental, the State attorney will probably file charges, even if the other partner simply wants the case dropped. Having good legal representation is critical. An arrest and a conviction can create a criminal history that will follow you forever and impact future employment and education opportunities. If you have been arrested for domestic violence, take is seriously and call us today.
By far, the most common offense is carrying a concealed weapon. People forget about a gun in their purse, their briefcase, their car or clothing and find themselves getting arrested. You may have gone through a metal detector at an event or business. You may have a simple traffic stop and forgotten about a gun under the seat. Do not let an accident result in a conviction. Florida has a stand your ground law. You have a right to self defense. As a Sarasota firearms lawyer Peter Aiken has defended gun violations all over the State. If a firearm has been discharged you could be facing mandatory prison. If a gun was used in a crime and fired you could be facing Florida’s 10/20/life law. For serious firearms violations you need a defense lawyer that understands gun laws and the consequences. Call today for a free consultation
Copyright © 2022 Sarasota Defender - All Rights Reserved.
AIKEN AND O'HALLORAN