My client went out for drinks with her live-in boyfriend. They both drank too much and began to argue. The argument continued once they got home. At one point, the argument became physical and spilled out onto the balcony. An officer with the St. Petersburg PD heard the commotion and responded to their apartment.
Although he was allegedly there to protect her, she did not want the police involved and refused to speak to them. To the contrary, her boyfriend said that she scratched him during the argument. To her surprise, she was arrested for domestic battery! The officer said that he gave her a chance to speak and that she didn’t, so he was required to arrest one of them.
She was taken to the Pinellas County Jail and saw the judge. The judge released her on ROR and allowed contact with her boyfriend, but required her to wear a CAM ankle monitor.
Her boyfriend was adamant that he was not battered and that he did not want to prosecute. I immediately interviewed him and sent him a request not to prosecute. My client had no prior record and a good job, so speed was important to get this charge dropped. I sent a letter to the prosecutor explaining all of the circumstances and provided the request not to prosecute. I then followed up with a phone call.
25 days after the arrest, the domestic battery charge was dropped. She was able to get the ankle monitor removed immediately. She is also now eligible to get the record of this arrest expunged from her record.