Hi Folks, Im Roger P. Foley and I'm here to talk to you about a very delicate subject. Domestic violence. Domestic violence occurs every day in every city, county and state throughout our country. The vast majority of domestic violence cases should have never been filed. Let me explain. What exactly is domestic violence? Usually its a husband or a wife, a girlfriend or boyfriend, two lovers. or someone who is dating whether its 2 guys or 2 girls, it could be an uncle and aunt, family members, could be a parent and a child (over 18) otherwise it could be child abuse. There are so many parameters that go into domestic violence but generally it has to do with partners. There are so many underlying things that come out of domestic violence. Sometimes its a neighbor who hears an argument and they call the police and sometimes you have an over zealous police officer who goes out there on a DV and he's charging somebody because he's putting his life on the line. If you talk to police officers across the country that the calls that they worry the most about are DV calls because officers can get injured and if there is a serious situation at the house and someone pulled out a knife or a gun or using their bare hands, sometimes their tempers are so out of control thats when an officers life could be in danger. Domestic violence, Assault battery, false imprisonment, stalking. All of these things are very common charges but again, falsely reported. How do these things happen? Maybe you are going through a divorce, thats one way to get primary child custody. What if you are not married and you are dating and yo file for battery, even a misdemeanor that can help expedite immigration. Theres so many factors and defenses to a DV case. I dont know what I'm dealing with until i get folks through the door. But let me tell you who's coming in the door to hire me? 98% of the people who hire me in a DV case is the alleged victim. The person who was harmed, the person who was so scared and feared for their life. That is who's hiring me. That leads me to belly that there might be some facts skewed in the Police Report. They can come into my office and say "Mr Foley, I was drunk, i threw a punch at my husband and i started hitting him and he held me back, but i didnt tell the police all of that" So its not all of the policemen's fault. When you are in a disagreement with your family members, do your best to walk away. Calling the police nearly always ends up in an arrest. If its a true DV case, then obviously but dont do it to get retribution, dont do it because you want child custody. Dont do it because you're trying to get immigration status. DV can be closely related if someone has a mental illness, its more likely that they may lose control of their temper. As screwed up as the system may be, most cases can be dismissed. If you hire an attorney who can articulate a sentence and explain what was going on to a prosecutor you have a good chance of a case like that going away. The one thing that no attorney can promise you, is the result. In my 11 years as a defense attorney, i dont know if I've had one or two that were legit. I dont know the truth, the truth is between the two individuals, any witnesses an the man upstairs. But 98% of the time...its a bogus case. Make sure when you hire an attorney, that he does his job. Now you may not know that, and how are you going to figure that out. You check with the Florida Bar, you read reviews you talk to the person. If you are charged with DV, there's hope and make sure you dont rush to plea bargain your case. You dont walk in there and let your attorney go, hey there's no defenses, talk to your attorney, If you plea to a DV case it stays on your record for life! That means it will never come off and everyone who does a background check on you will see it. It requires mandatory jail, you cannot seal or expunge it. It could have immigration consequences. If you have any questions or need some knowledge, call or write my office, Im Roger P. Foley and thanks for listening.
Domestic Violence is a frequently charged crime in Florida. It is also one of the cases most likely to be dismissed. Why? police, divorce, immigration, alcohol abuse, drug abuse, mental health issues are all prime culprits. This video discusses general cases of domestic violence in an off the cuff manner. If you have questions, please ask. www.provemyinnocence.com (561) 746-7076
1 окт 2024
