A chaotic brawl in downtown St. Petersburg can lead to serious, life-altering charges, even when the situation is not as it seems. Our client, a Manatee County resident, and his visiting brother were facing this exact scenario, arrested for child abuse following a public altercation with what turned out to be a 17 year old. The situation was made even more dire because our client was on felony probation for out of state charges.
The Stakes Were High:
- Felony Child Abuse Charges: A conviction would result in a permanent felony record for both brothers, severely impacting their futures.
- Held Pending Extradition: Our client was being held in Pinellas County with no bond, pending extradition for the probation violation.
- Revoked Probation: The new arrest triggered a potential violation of our client’s probation, meaning he faced significant jail time back home.
Our Strategy:
Our investigation revealed that the incident was a case of mutual combat, where our client had suffered significant injuries not a malicious act of child abuse. We immediately obtained the medical records from our client which we provided to the prosecutor, highlighting the true nature of the altercation. Our primary goal was to get the Florida charges dropped completely for both our client and his brother. This was the key to removing the basis for the extradition and preventing our client from facing a probation violation hearing from a position of weakness.
The Result:
We were able to demonstrate the weaknesses in the state’s case. The prosecutor agreed to drop the child abuse charges entirely for both our client and his brother.
With the Pinellas County case resolved, the hold for extradition was lifted. Our client was released from jail and was able to have his probation reinstated without the new felony charge hanging over his head. Furthermore, because the charges were dropped, both our client and his brother are now eligible to have their Florida arrest records expunged.
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