State of Florida is *supposed* to press charges! (Florida v. Wheeler, 1999)

[Roland99]

http://scholar.google.com/scholar_case?case=4208276885102972786&q=State+v.+Wheeler,+745+So.2d+1094+%28Fla.+4th+DCA+1999%29&hl=en&as_sdt=2,10

The Fourth District Court of Appeal stated back in 1999 that the "decision to prosecute does not lie with the [alleged] victim of the crime." State v. Wheeler, 745 So.2d 1094 (Fla. 4th DCA 1999).

Rights of the "Victim" are cast aside.

When the State Attorney's Office files charges against a person accusing them of domestic violence they must list a victim to prove their case. The legislature has given alleged "victims" of crime many statutory rights found in Chapter 960 of the Florida Statutes. Among these rights, which we will get to in a moment, is the legal definition of a victim = "any person who suffers personal physical injury or death as a direct result of a crime." Crimes are defined by the criminal statutes but whether a person has suffered a personal physical injury is (or should be) defined by the alleged victim!

For example, a couple that routinely expresses themselves by abrupt physical contact (like the way Elaine on the TV show Seinfeld routinely shoved other characters and said "get out!&quot are not committing crimes against each other even though such an act has all the elements of a battery.

When the State files a charge of domestic violence the victim has specific statutory rights. Among these are the statutory right to be present at all proceedings and hearings relating to (1) the arrest of the accused, (2) the release or modification of release conditions of the accused pending judicial proceedings, (3) and the prosecution of the accused.

Additionally the victim has a right to express views about the (1) release of the accused pending judicial proceedings, (2) any plea agreement, (3) participation in pretrial diversion programs, and (4) sentencing of the accused.

So what happens when the "victim" expresses the view that she does not want to testify or prosecute the case against the accused? Often the victim's expression is ignored - even when the alleged victim's expression indicates that she is not a victim of a crime.

[polichick]

1. But it's Floriduh under Gov Scott.

[warrior1]

2. it only matters what the color of you skin is

had he been black, he would all ready be getting his boloney sandwich in lockup.

[maddezmom]

3. Police are reviewing surveillance video and reserve the right to press charges later

He was later released without charges when his wife and father-in-law refused to press charges or give police a sworn statement. Police said they are reviewing surveillance video from the home and reserve the right to file charges later based on the video.
http://news.yahoo.com/george-zimmermans-wife-911-tape-am-really-really-205203022--abc-news-topstories.html

[DJ13]

4. The victims have no say in Ca either

Once the police determine domestic violence took place it doesnt matter if the victim(s) dont want to press charges.

[Xithras]

5. You can't prosecute without evidence.

Without photos of injuries or hospital records from the victim, a willingness to testify from the victims, or sworn statements from the victims, there's no evidence other than the 911 call. The phone call alone is not enough to secure a conviction, and DA's don't normally file cases they know to be unwinnable.

I know of a case where a woman called 911 because her husband was hitting her. The police showed up, photographed her bruises, and arrested him. Even though she later recanted, the police were able to use the 911 call and photos to secure a conviction. The call alone wouldn't have been enough to pull it off.