Attorney Answers Palm Beach County Criminal Question if my brother's wife made a police report alleging my brother raped her but they reconcilled and 1 week later he's arrested with no bond. Could the state still pick the charge up if she dropped it?
Attorney's Response to Criminal Question from Palm Beach CountyAlthough I do not practice law in the State of Florida, here are my initial impressions. First, the general rule is that a crime can be prosecuted above (or in spite of) the objection of the alleged victim. Therefore, the fact that your brother's wife has "dropped the charge" is not determinative of whether he will continue to be prosecuted for this crime. Your brother's wife's desire not to see these charges prosecuted, or to cooperate with the prosecution, may be influential upon the prosecution; however, as I have already stated it does not necessarily mean that the prosecutors will drop the case. On the other hand, there are a few issues that your brother should be aware of. First, if your brother's wife attempts to recant any of her statements, that may expose her to criminal liability for filing a false statement. Second, if there is any appearance of your brother influencing his wife not to cooperate with the prosecution, he may expose himself to liability for "tampering with a witness." Therefore, due to the delicate nature of this highly complicated legal situation, I suggest that your brother consult witih and/or retain a criminal defense attorney in Palm Beach County, FL. While his case appears to be defensible, he needs a skilled attorney to manuever these issues in the interest of obtaining the most favorable result possible. Have a question for a Palm Beach County Criminal Attorney, ask here.

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Lee B Gordon PA265 Sunrise Avenue, Palm Beach, FL (561) 833-2233 Legal Aid Society Of Palm Beach County1500 North West Avenue L, Belle Glade, FL (561) 993-3836 Marcelo E Lescano PA955 North West 17th Avenue, Delray Beach, FL (561) 266-8886 Martinez224 Datura Street Suite 1315, West Palm Beach, FL (561) 832-7770Law Office Information: Appeals|Litigation & Hearings Criminal Does not accept credit cards. Mattlin & Wyman PL1900 Glades Road Suite 245, Boca Raton, FL (561) 372-7200 Norman L Schroeder II PA6801 Lake Worth Road, Greenacres, FL (561) 642-8884 OFFICES K LAW OF MICHAEL BREGMAN3175 South Congress Avenue Suite 100, Palm Springs, FL (877) 784-8780 PERLET AND SHINER270 South Central Boulevard Suite 203, Jupiter, FL (561) 745-7887Law Office Information: Litigation & Hearings Criminal|Import Does not accept credit cards. Professional Offices3896 Burns Road, Palm Beach Gardens, FL (561) 691-8988 Reeder & Reeder250 South Central Boulevard Suite 200, Jupiter, FL Richard A Kupfer Pa833 Eastview Avenue, Delray Beach, FL (561) 266-6560 Robert D Schwartz Law Offices2240 West Woolbright Road Suite 411, Boynton Beach, FL (561) 736-4808 Rosemarie W Guerani Esq625 North Flooragler Drive, West Palm Beach, FL (561) 835-9091 SAM R LEVINE PA11211 Prosperity Farms Road Suite A101, Palm Beach Gardens, FL (561) 630-9744Law Office Information: Citizenship|Immigration Does not accept credit cards. Sayler Lee Benton Pa atty1662 North US Highway 1, Tequesta, FL (561) 746-7304 Slebodnik Donna20 Surf Road, Boynton Beach, FL (561) 278-1476 Stillman Phillip PA3352 West Mallory Boulevard, Jupiter, FL (561) 626-6007 VALERIE G KANOUSE PA370 Camino Gardens Boulevard, Boca Raton, FL (561) 395-3855 WALLSHEIN WILLIAM2328 10th Avenue North Suite 204, Lake Worth, FL (561) 533-1221 WOLF BARBARA PA1102 West Indiantown Road Suite 7, Jupiter, FL (561) 745-4742Law Office Information: Elder Law|Estate Planning|Probate, Wills & Estates|Trusts Does not accept credit cards. |
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