Chris S. Boatright, P.A.

Domestic Violence Victim Or Domestic Violence Defendant, Or Both

Sometimes when law enforcement officers in Seminole County, Florida show up for a domestic violence 911 call and they determine both people committed an act or acts of domestic violence they arrest both people for domestic violence charges.  This however is not normal. Officers are actually discouraged in Seminole County from arresting both people involved because it makes the case harder for the prosecutor to get a conviction for either person.  That is why officers will normally try to determine who struck first and then label that person as the “primary aggressor” and arrest that person only.  The arresting officer will normally request the prosecutor to also file criminal charges against the other person who was not arrested.  So both people end up with a criminal charge or charges from the police, one just does not have to go through the unpleasant experience of being arrested.  If you would like to discuss how I can help, the consultation is free. Please call me at 407-740-8300, text me at 407-616-8808 or email me at chris@seminoledefense.com.

You Called The Police As A Domestic Violence Victim And Now You Are Going To Jail, Wait, What?

It is very common for the person who called the police as a domestic violence victim to also be the person who goes to jail for domestic violence charges in Seminole County, Florida.  It does not matter who calls the police first in a domestic violence case. First to the phone does not win.  I have represented many individuals in Seminole County who called 911 to report being the victim of domestic violence who were instead arrested for committing domestic violence instead of the person they called to have arrested.  The police try to determine who the primary aggressor was in the incident and that is who gets arrested.  The police do not always arrest the right person.  Officers are discouraged from arresting both parties because it creates problems for the prosecutor in the domestic violence prosecution.  The reward for winning the race to the phone sometimes involves a pair of handcuffs, for the person who called 911 first.  If you would like to discuss how I can help, the consultation is free.  Please call me at 407-740-8300, text me at 407-616-8808 or email me at chris@seminoledefense.com.

Seminole County Victim Request To The Prosecutor For A Modification Of Bond Conditions

Once set by the court at the initial appearance hearing the bond conditions in the case like no contact with the victim, no return to the residence and an electronic monitor will remain in place for the length of the case not just until the next court date.  Cases in the criminal justice system can take months and sometimes years to resolve.  The victim sending a letter to the prosecutor requesting that the arrested person be allowed to have contact with the victim and return to the residence of the victim and have the electronic monitor removed is a waste of time because it is not the proper procedure for modifying bond conditions.  Prosecutors normally do not even respond to these letters.  No changes to the bond conditions as a result of that letter will occur.  If the victim calls the prosecutor and ask for the arrested person be allowed to have contact with the victim and return to the residence of the victim and have the electronic monitor removed the victim will normally be told that prosecutors do not do that and that the lawyer for the arrested person is the person who has to make that request to the judge.  No changes to the bond conditions as a result of that call will occur.  The criminal justice system has rules and you have to follow the rules or no changes will be made.  If you would like to discuss how I can help, the consultation is free.  Please call me at 407-740-8300, text me at 407-616-8808 or email me at chris@seminoledefense.com.

Seminole County Victim Letter To The Judge Requesting A Modification Of Bond Conditions

Once set by the court in Seminole County, Florida at the initial appearance hearing the bond conditions in the case like no contact with the victim, no return to the residence and an electronic monitor will remain in place for the length of the case not just until the next court date, which is usually the arraignment.  Cases in the criminal justice system can take months and sometimes years to resolve.  The victim sending a letter to the judge requesting that the arrested person be allowed to have contact with the victim and return to residence of the victim and that the electronic monitor be removed is a waste of time because it is not the proper procedure for modifying bond conditions.  No changes to the bond conditions as a result of that letter will occur.  The criminal justice system has rules and you have to follow the rules or no changes will be made to the bond conditions.  If you would like to discuss how I can help, the consultation is free.  Please call me at 407-740-8300, text me at 407-616-8808 or email me at chris@seminoledefense.com.

Seminole County Domestic Violence Arrest Bond

When someone is arrested for a domestic violence charge in Seminole County, Florida they are required by law to be held in jail with no bond until they see a judge at an initial appearance.  In Seminole County normally initial appearances on the weekdays are held in the afternoon and on weekends and holidays they are held in the morning.  A bond is the amount of money the court requires in order for the person to be released from jail.  The bond amount for a domestic violence charge usually also has additional conditions of release attached.  So it is not just pay money, it is pay money and follow rules also.  These additional rules usually include no contact with the victim and no return to your residence and can also include an EMPACT monitor which is an electronic monitor you wear on your leg.  These additional conditions of release can be modified by a judge at a later date if a proper motion is filed with the court requesting the additional conditions be modified.  If you would like to discuss how I can help, the consultation is free.  Please call me at 407-740-8300, text me at 407-616-8808 or email me at chris@seminoledefense.com.

Does Someone Have To Go To Jail In A Domestic Violence Case In Seminole County?

Someone Is Going To Jail

When law enforcement officers respond to a call regarding domestic violence they come with the presumption that someone is going to get arrested and go to jail.  So once the officers arrive it is normally just a matter of figuring out who is going to jail for domestic violence charges.  Contrary to what some people believe who call 911 law enforcement officers do not respond to resolve domestic disputes.  They respond to determine if a crime has been committed and to arrest that person or persons and to take them to jail.  Many times the person who called 911 for assistance in a domestic dispute is the person who ultimately ends up getting arrested and going to jail with domestic violence charges even though the 911 caller is really the victim but the law enforcement officers decided to believe the other person’s story.

The Investigation To Determine Who

When law enforcement officers arrive at the scene of a domestic disturbance they traditionally separate the two people and get their stories.  If the stories do not match and they normally do not match then the officers look for physical evidence like injuries and damage to the surrounding area to try to determine what actually happened and if what happened was a crime and if so who committed that crime.  If someone else was present during the incident other than the two people involved then unfortunately when two stories match and there is no contrary physical evidence to that story then whoever that story says committed a crime is going to jail.  I call this sandbox rules two beats one end of story. Unfortunately, sometimes the third person present is biased toward one of the two people like a family member or friend but that usually does not seem to matter to most law enforcement officers, sandbox rules still apply apparently.  Once they determine that a crime was committed they arrest that person committed a crime.  Sometimes that means both people get arrested.

What Should Someone Do Who Has Been Arrested And Taken to Jail For Domestic Violence Charges

If you have been arrested for a domestic violence charge please contact Chris S. Boatright, P.A. at 407-740-8300 or email Chris at chris@seminoledefense.com  to discuss your case.  Chris is a former domestic violence prosecutor who has been defending people with domestic violence charges for over 18 years.  Why not put his domestic violence defense knowledge and experience to work for you.

Don’t let domestic violence charges ruin your life.  Domestic violence charges can be beaten for many reasons.  Chris has beaten them for many clients in the past and he may be able to beat them for you.  Call 407-740-8300 or email chris@seminoledefense.com for a free consultation.

Seminole County Florida Undercover Prostitution Sting Operation

Super Bowl time in California mean its time for law enforcement to conduct prostitution sting operations. However, California is not the only place that law enforcement recently conducted a prostitution sting operation.  On January 29th and 30th, 2016 the Seminole County Sheriff's Office conducted an undercover prostitution sting operation in Seminole County, FL in the area of 25th Street and South Orange Blossom Trail.  In Seminole County, FL if you plead guilty, no contest, or are convicted at trial for Solicitation to Commit Prostitution there is a mandatory $500 fine plus court costs and a mandatory $5000 civil penalty.  Someone could go to the Super Bowl in California for cheaper than that.

http://www.usatoday.com/story/sports/nfl/broncos/2016/02/02/ryan-murphy-denver-super-bowl-50/79730280/

The video, the whole video and nothing but the video

I do not understand why arresting someone and taking them to jail on suspected drug charges is not good enough for some officers.  Why do they feel the need to attack the suspect and beat the suspect for no reason?  I wonder if this incident was not on tape if anyone would have believed the suspect if the officer said he was resisting arrest?  Rodney King was arrested on March 3, 1991, this incident occured on August 7, 2014 and it seems like nothing has changed. 

http://www.wftv.com/videos/news/video-released-of-marion-county-deputies-punching/vDjLdR/

Overcharged

Sounds like a classic case of overcharging someone. According to the article Humberto Santiago was REPOSSESING a car for the owner of a car lot.  Yes, Humberto Santiago, allegedly impersonated an officer and Humberto Santiago allegedly was not licensed to repossess cars but that is not carjacking.  Carjacking is a first degree felony punishable by up to thirty years in prison.

 

http://www.wftv.com/news/news/local/deputies-man-posed-police-officer-steal-mans-car-p/np95D/

Civil Citation Instead Of Arrest for Juveniles

http://www.clickorlando.com/news/orange-osceola-public-defender-pushes-for-fewer-juvenile-arrests

Law enforcement officers need to be trained that juveniles who commit a first time misdemeanor offense can be issued a civil citation instead of arresting the juvenile. This training should encourage officers to issue civil citations instead of making an arrest for juveniles who commit first time misdemeanor offenses.  A civil citation requires a juvenile to perform up to fifty hours of community service, to participate in intervention services like counseling based on the juveniles needs, to write letters of apology to victims and to pay any restitution.  If the juvenile does not complete the civil citation requirements then the juvenile may be prosecuted for the offense.