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Florida Legal Information Topics, Discussions and Information relating to Legal Information specific to Florida. This information is *NOT PROFESSIONAL* and should always be fact-checked!

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  #1  
Old 05-07-2016, 09:39 AM
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Shackle Dodger Shackle Dodger is offline
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Exclamation How Is This Even Legal?

First, a brief background of the case: my uncle is being falsely accused of 1 count of a 3rd degree felony (initially it was 1 count of aggravated assault with a deadly weapon w/o intent to kill, but was changed to 1 count of aggravated assault with a firearm). His accuser in his case (a female) has been harassing and stalking him ever since he got out of jail (released on bond, ordered to have no contact with her), plus intimidating and threatening physical violence on his next-door neighbor (a female) if she testified in his favor.
Yesterday, my uncle got a phone call from his lawyer (public defender, he cannot afford a lawyer) who told him that while the prosecutor is allowing HER false "evidence" to be admitted into the court, he will NOT allow my uncle's FACTUAL evidence to also be admitted into court, thus preventing him from having a fair trial.
I have two questions about this: 1) HOW is this even LEGAL? and 2) Is there ANYTHING that I can do (call the prosecutor, make petitions, write letters) to try to persuade the prosecutor to allow my uncle's evidence supporting his account of what happened that night to be admitted into the case?
I just can't sit by and do nothing and really want to do something, but I don't know what to do
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Old 05-07-2016, 12:09 PM
CenTexLyn CenTexLyn is offline
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The prosecutor does not get to decide what is actually admitted. What is happening here is that notice has been given of what the State intends to offer and, also relevant, what they intend to object to. Admission of evidence, testimony or any other matter is the purview of the bench...it is incumbent upon counsel to make relevant objections based upon the law or other judicial interpretations.

Until a trial is held and objections made/not made to various issues, the question of whether one has the ability to have a 'fair trial' is nothing more than a debate in the realm theoretic.
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Old 05-25-2016, 06:59 PM
Don Quixote Don Quixote is offline
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Your uncle's lawyer might be saying that your uncle will have to testify himself if he wants information in. And generally it is a really bad idea for a defendant to testify himself (though your uncle is the one who gets to decide). Another thing is that your uncle may have told his attorney something uncle has not told you, and maybe that means his attorney cannot let uncle testify to things that are untrue (which the attorney would have to withdraw if this is the situation). Maybe your uncle's evidence is hearsay, which is not admissible.

And frankly, I'm pretty surprised that uncle's attorney is even discussing the case with you specifically, since they usually won't talk to anyone but clients unless they are witnesses. If you are concerned about what the atty said, speak to your uncle --- he can clarify with his attorney and your uncle is the one who decides what to do when his attorney isn't doing what he thinks should be done (though people shoot themselves in the foot all the time by challenging their attorneys unfairly and unnecessarily).
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Old 05-28-2016, 11:22 PM
sadjose sadjose is offline
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Wow that's is terrible! Something similar happened to my boyfriend. He had been dating this crazy abusive girl on and off and he finally broke it off with her when he found out she was cheating on him again. They were at his house and she demanded a ride home. So he gave her a ride home (two hours away) and the whole time they screamed and she even took his phone and threw it out while they were on the freeway. His best friend who lives with him came along for the ride, he was the only witness. I guess days before this she had gotten into a physical fight with a few girls from her neighborhood so she had bruising on her face and hand. So he dropped her off at her house and they didn't speak for months. Later, his family lawyer calls and says she filed a domestic violence charge against him claiming he beat her on the drive home four times. The police never came to find him or take pictures of him, he had no marks or bruises of course. He went to court and they arrested him and he was in maximum security 23hrs a day in his cell for a month before he even got to plead. His ex gf testified against him, and even made a fake Instagram and messaged herself on it admitting to the crime. When his best friend tried to testify, my bf's lawyer said it wasn't a good idea since his best friend has a criminal history (all non violent). The judge deemed his ex 100% credible and told my bf he has a choice between pleading guilty and taking ten months or taking it to trial and losing and getting three years. It was the most unjust thing I've ever seen. I completely understand protecting people from violence and abuse but his ex had clearly been manipulating the system and had absolutely no solid evidence to back up her claim. I really hope your uncle's case works in his favor and I am so sorry about what your family is going through. I wouldn't wish this on anyone. Like if he did the crime yes let him pay for what he's done wrong but putting an innocent person in jail for leaving his abusive girlfriend is insane.
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Old 06-06-2016, 08:30 AM
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In Collier County if ur Uncle gives his Public Defender permission to talk to u they will (it may not b the same where u live) I would go in person (they usually avoid phone call) to the Public Defenders office and ask him why he is thinking certain evidence can't b entered. Is his evidence a witness that is now refusing to testify is possibly a reason. I think u need more information before u can do anything else. Good luck.
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