Domestic Violence / DV / DIP / Domestic Intervention Program / DV Probation / DV Victim / Victim’s Rights / Victim’s Rights Lawyer / AVVO / Michael A. Haber, Esq. **ARRESTED / **305DUI

These are the practical realities of DV cases that we all must live with and it is for these reasons that there is a mandatory 24 hold (a statutorily required cooling-off period) for anyone booked into a FL jail for any DV case and that DV victim’s are afforded special protections, are required to be evaluated (if only by responding officers who have a DV “checklist”) and are required to be provided information about alternatives to returning to “life” with the alleged perpetrator

Fortunately, in many cases, and particularly those where the offense did not result in any serious injury and ultimately amounted to an unfortunate but otherwise understandable incident, there is a way to effect the State’s decision to prosecute. In Florida victims of crimes have rights, both constitutional (s. 16, Art. I of the Florida’s State Constitution) and by statute (see:http://www.flsenate.gov/Laws/Statutes/2011/Chap…). While the State Attorney is empowered to bring criminal charges to bear on behalf of all of the people of the State, the victim being only one of those millions of people. s/he is usually an important, if not critical, one to the success of their case.

While no one can control what the State does on behalf of the people, you will increase your odds at achieving a favorable outcome if the victim has her own independent and effective victim’s rights advocate advancing her agenda of not cooperating with the prosecution. You should note that if your Stay Away Order has not been amended to permit for non-violent contact between you and the victim then you should absolutely unequivocally NOT contact her. You should also note that you cannot in any way, shape or form coerce her to act in this regard -it must be the product of her own free will (ergo the necessity for an independent lawyer to represent her). You should further note that issues surrounding your priors (or lack thereof) are properly addressed by your attorney to the SAO. Finally, you should note that PTD is a program which is exclusively owned and operated by the SAO and that they can nether be compelled nor ordered to offer, admit or graduate you thereto from.

Finally, I have been practicing both criminal defense litigation and victim’s right’s representation primarily in Miami-Dade County for 22+ years. If she is interested then the victim is welcome to contact my office for a referral or two, or she can search do a location search here on Avvo or you can search the Florida Association of Criminal Defense Lawyers website by locality (please seehttp://www.facdl.org/ – and click on the “Find A Lawyer” tab).

I hope that this has been helpful and wish you both the best of luck!