In Sarasota, an elderly man was recently charged with domestic battery after an incident with his spouse. As is common in domestic violence cases, the man was issued a No-Contact Order. This NCO barred him from any direct or indirect contact with his wife and returning home for fear of additional criminal charges. For a man in his eighties, this was a drastic blow to his life and he contacted attorney Valcarcel for help. After speaking with her client and discussing the matter separately with his wife, it was evident that they both believed the charges were overblown and neither was in fear of the other.
Under attorney Valcarcel’s supervision, the wife completed a waiver of prosecution form, which was sent to the State Attorney’s office. Unfortunately, the process was delayed because the prosecutor wanted to investigate further. With the goal of at least returning home in the meantime, attorney Valcarcel filed a motion to lift the NCO, where both parties testified. Ultimately the judge agreed there was no imminent threat and permitted the no-contact order removed. This allowed the man to come home and resume his life while the investigation continued.
After two months, the State Attorney finally concluded that the case did not warrant prosecution and the charges were dropped. While this was certainly a great outcome for her client and his wife, if not for effective legal representation, the NCO would have prohibited this married couple from living together for over two months.
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"Erika Valcarcel, Criminal Defense Lawyer, P.A. is the best you will find. Erika Valcarcel is completely honest and straightforward. She took a huge burden off my shoulders many times during difficult periods of my life knowing that she was doing everything that that could and should be done. Her knowledge is extensive and her advice has always been right on the mark. She is worth every penny of the fee she charges. You cannot go wrong securing her services."
Joni A. | Sarasota County
Domestic Violence Charges Dismissed in 10 Days
When a client was arrested for battery after an altercation with his girlfriend, he immediately contacted attorney Erika Valcarcel. The client was adamant that the entire situation was a misunderstanding, but nevertheless he was looking at a domestic violence conviction and potentially up to a year in jail. We acted fast on his behalf and discussed the situation with the State attorney’s office. We informed the prosecutor that our client's girlfriend did not want to proceed and highlighted the weaknesses in their case. Once they were aware of these developments, we successfully arranged to have the charges dismissed. This was all before our client's first court date and impressively all done within 10 days of the initial arrest.
