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Is this Abuse of Process?
Anonymous7 views3 answers
The State of Florida (St Atty) is using a Repeat Violence Injunction(to 784.046) to prosecute a charge of Violation of Domestic Injunction( 741.31) . The statutory criteria for the Repeat Violence Injunction did not occur (no finding violence was committed, no repeat acts of violence). The relationships for the domestic violence injunction do not exists (as defined in 741.28). I filed a motion to dimiss as there is no injunction pursuant to 741.30 entered against me; and no injunction prevents me from contacting my grandfather. The state responded by amending the charges. In the amended charges the state used, verbatim, the language of the domestic violence statue; however, they omitted the word "named" -- and thereby included my grandfather in the injunction. <cont>
No. The state can amend the information all the way up to trial. You are facing a serious charge, please do not attemp to fight this alone. Speak with a local attorney today.
Good luck,
Gregory L. Olney IICriminal Defense AttorneySaint Petersburg, FLFL licensed ·
no, it would not be abuse of process and it would not be prosecutorial misconduct. you may still have viable motions and or defenses and you would be wise to retain the services of an experienced criminal defense attorney from your jurisdiction to assist you. hope this is helpful. good luck
The State of Florida can amend charges and or dismiss and re-file charges when they determine that a different charge fits the allegations against a particular defendant. It is not abuse of process to do so, however if they are amending charges you need to be arraigned on the amended charges and while you may have gotten them to change a charge via your motion to dismiss, you really should hire a criminal defense attorney to represent you in this matter. Attempting to act as your own attorney is about as advisable as acting as your own surgeon, particularly as you are facing up to one year in jail and a one thousand dollar fine if you're convicted of the charge of violation of an injunction.
