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Battery Charge Dismissed in Face Of Speedy Trial Demand

In State of Florida vs. C.P., (56-2014- MM-4100- A) the government, in its ‘infinite wisdom’ chose to charge C.P. with Battery, a crime punishable by up to one (1) year in the county jail, one (1) year of probation, and up to a $1,000.00 fine—or some mixture of those three sanctions.

The Government elected to proceed despite the fact that the alleged victim (or as we here at KG/LLC prefer to say, the “complaining witness”) told the police on the night of the incident that she did NOT want to prefer charges, and that she primarily was responsible for instigating the scuffle that led the C.P.’s arrest.

Despite numerous attempts to make the State aware that there were some “problems” for the State in continuing to pursue the case, the matter dragged on for months.

Meanwhile, life went on between C.P. and the complaining witness, and they proceeded to make wedding plans, despite the criminal sword of Damocles continuing to hang over C.P.’s head.

A few weeks before the planned nuptials, and resulting primarily from frustration being generated by languishing of the the matter within the “system”, the law firm of JJK/LLC filed what is known as “Notice of Expiration of Speedy Trial”—-meaning that the case must be tried within fifteen (15) days, or dismissed.

Within hours of the filing, on March 10, 2015, the State did what it should have done months earlier—– it dismissed the case.

Our firm was invited to the wedding, which occurred on the beach, but we were unable to attend.   Rumor has it a fine time was had by all.