I think I am going to be arrested….What should I do?

Aiken and O’Halloran Criminal Defense Attorneys

Lee and Charlotte: 239-334-8890

Sarasota and Manatee 941-366-3506

February 6 2020

If you have heard that the police are looking for you, or want to talk to you, you absolutely need to talk to a lawyer before it is too late.  If you don’t, you may end up confessing, you may end up being wrongfully charged, wrongfully arrested or end up sitting in jail on a high bond.  No one wants to spend money on a lawyer unless it is necessary and most lawyers do not charge for an initial consultation. As a Lee County Domestic Battery Attorney, In many domestic violence cases here in Ft. Myers after a spouse or neighbor calls 911, the person involved has left the scene by the time the cops arrive.  Many husbands and boyfriends simply leave after an argument to cool off.  By the time the police get there, they are gone.  Leaving may not solve the problem.

When the police come out on a 911 domestic violence call, they will generally talk with the “caller” first.  Many times the woman, who is angry, may exaggerate what really happened.  She may blow things way out of proportion.  Many times, it is the woman who started the fight….but that is not what the responding officers will hear.  If you don’t have a good defense lawyer, chances are, down the road you may get arrested and sit in jail on a high bond.

Many times, the woman who originally exaggerated or outright lied, may come to her senses but not know how to take back what she said.  It is really important to get good legal advice.  Do not talk to the police unless you talk to a criminal defense lawyer firstMost lawyers do not charge for an initial consultation.   Don’t make the mistake of thinking you can talk your way out of it with the police.

Many domestic violence arrests are bogus.  The police have only heard one side.  In our experience as Fort Myers Domestic Violence Attorneys, we see the charges here in Ft. Myers and the Cape can end up being very serious.  You could end up getting arrested in Lee County for Aggravated Battery, Aggravated Assault or Simple Battery.

Our criminal law offices in Fort Myers and Sarasota also handles stalking cases.  Sometimes, in frustration in a domestic situation, people go a little nuts and light up the other persons cell phone with hateful texts or chat.  You can get charged with Cyber Stalking by over reacting and sending multiple disturbing texts.  Some people may in frustration post naked sex-pics of a former partner.  You could end up getting charged with “Revenge Porn”.  Sometimes in domestic cases, in frustration, a person may trash the other persons car and get charged with Arson or Malicious mischief.  They may flatten tires or key the car in anger. 

A really good defense lawyer may be able to keep you from being arrested, having to post a high bond or sit in jail 

Falsely accused of Domestic Violence

Aiken and O’Halloran -Domestic Violence Attorneys

Lee -Charlotte -Sarasota- Manatee

Sarasota: Peter D Aiken

941-366-3506

Fort Myers : Sean C. O’Halloran

239-334-8890

Ever since the OJ Simpson case, police responding to 911 calls have been making a “rush to judgment” as to who to arrest, and half the time they are wrong.  Most responding officers assume the woman is the victim.  As a Ft. Myers Domestic Violence Defense Lawyer , I have had cases where the husband or the boyfriend has called 911 because his spouse is drunk or jealous, or both, and has gone nuts attacking him.  Many times the man will simply restrain the woman who is scratching, kicking, throwing things, and many times, his restraint is to protect her from injuring herself.  Half the time, the arresting officers get it wrong and arrest the wrong one.

A domestic violence arrest can be for “simple batteryfor something as simple as pushing or shoving.  There does not have to be injury.  If there is injury, such as a black eye, a cut or contusion, or even worse, like something requiring stitches, the charge will be aggravated battery.  That is a charge that involves serious injury or a weapon.  That is a serious felony that can land you in State prison.  It can be an aggravated assault if a threat is accompanied by a gun or knife

Whether it is a misdemeanor of a felony,  the arrest alone can trigger a series of horrible consequences.  The man, at first appearance, will likely be told by the judge to have no contact as a condition of his bond.  This is an absolute nightmare.  The man may end up sleeping in his car.  If he and his wife work together, it is even worse.  He can lose his job.  If there are kids, the nightmare gets even worse.  Most families cannot afford two places to live.

Some women really are abused and for them, the no contact is a good thing.  For most couples, the incident was a result of drinking or jealousy and was a one time thing.  Many times, the prosecutors don’t want to hear the truth.  If a cop says it, they believe it.  Many prosecutors are women and automatically take the woman’s side, and feel they have a duty to protect the woman.  Even if the woman did not want her spouse or boyfriend arrested, the prosecutors will accuse her of being a “battered spouse” and not want to hear what she has to say.   I can’t tell you how many times it has been the wife or girlfriend that has hired us to get the case back on the right track.

Our goal is generally to help both the woman and the man resolve their issues.  Many times, it is a gay couple that has gotten into an argument or a fight.  Sometimes the police officers are a little homophobic  and judgmental and will give gay men a hard time simply because they do not understand gay relationships.

Do not wait until arraignment to hire a lawyer.  You may miss a valuable opportunity to get the case dropped or the charges reduced.  Sometimes, once something is formally “filed”, it is difficult to get it dropped or reduced.

As defense lawyers our job is not just to beat the case.  We live in this community and want to help couples that are struggling with alcoholism, drugs or sometimes bi-polar conditions that can trigger disputes.  It may be a matter of couples counseling.  It may be a matter of alcohol or drug treatment.  There may be real psychological issues that no one has diagnosed or treated

It costs nothing to call or come in and talk.  Contrary to popular belief, Lawyers do have a heart and it is not just a matter of money.  We want to help. Call when it is convenient for you.