When authorities are called to a domestic dispute, and due to a usually chaotic environment, authorities sometimes misunderstand the circumstances and law abiding citizens can find themselves being needlessly charged with crimes. When this happens, it is critical that you consult with a knowledgeable criminal defense attorney, who can help navigate the complex criminal process and work to set things right. Recently, a Sarasota woman’s disagreement with her boyfriend became heated and police were ultimately called. While the officers were on scene, the boyfriend attempted to quell any legal problems for his long-time girlfriend; however, the police determined that she should be arrested on battery charges. Since this charge is considered a first-degree misdemeanor, punishable by up to a year in jail, the woman and her boyfriend became very worried and decided to consult with a legal professional to go over their options.
This led the couple to Erika Valcarcel, Criminal Defense Lawyer, P.A., where attorney Erika Valcarcel met with them to discuss the situation. During their consultation, it became clear that the boyfriend did not want to pursue any criminal charges against his girlfriend and in fact, the police did not have the whole story regarding the incident. Therefore, in an effort to alleviate the woman’s legal worries, attorney Valcarcel prepared a waiver of prosecution form, which indicated that the situation was misinterpreted, the boyfriend was not in fear of the defendant, does not want to testify, and does not want to proceed with any criminal proceedings. Once this document was completed and notarized by the boyfriend, it was presented to the prosecution. After it was reviewed, the state attorney decided that the battery charge should not be filed. This gave the couple a great deal of comfort and because their immediate and proactive decision to retain an attorney, the two could move past this incident with little inconvenience and no lasting criminal consequences.
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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.
