Relationships can be stressful for any Sarasota County residents. Whether within a marriage or a dating relationship, arguments are a fact of life, and sometimes those arguments can get heated. It becomes an altogether more serious situation, however, when your partner calls the police.
The last post here on our Sarasota County criminal law blog raised an issue that we ought to pause to address in some greater depth. The issue is the mental health of a defendant in a criminal case.
As a criminal case grows cold, pressure on police can intensify to find someone -- anyone -- to charge. This is particularly true in instances of shocking, violent crimes. The public fear that a violent individual is out on the loose can sometimes, unfortunately, turn into a rush to convict. This fear is understandable, but cannot be used as an excuse to neglect a defendant's rights in court.
When suspected of a violent crime, a common concern is whether the police officer acted appropriately, and this can arise when a police officer engages in a search or seizure of a person's property or the person. The person accused of a violent crime may wonder why the police continued to search their property or person, even after he or she was detained. When dealing with the police, the issue is almost always whether the police were acting within the limits of the law.
Allegations of criminal activity are damaging to the reputation and freedom of Bradenton residents. Claims that an individual engaged in a violent crime can significantly impact that person's rights. Attorney D. Scott Rieth is an experienced criminal defense attorney who has supported his clients as they have confronted domestic violence, homicide and other violent crime charges.
Rape is generally characterized as the forcible sexual violation of a person against the alleged victim's will. In Florida, charges of rape are included under the section of the state statutes that address sexual battery. Per the Florida Statutes, sexual battery may occur when an alleged perpetrator penetrates an alleged victim with either a part of the alleged perpetrator's body or a foreign object.
Robbery charges are very serious. Florida residents who are accused of committing robbery often struggle to overcome the cases that prosecutors build against them, and face serious consequences that threaten their freedom. One of the first steps that a person accused of committing robbery can take is to understand the elements of the charge so that he or she can meet the criminal case head-on and with a plan to counter the prosecutor's claims.
Assault charges are serious enough on their own without the additional penalties that can attach when they are elevated from misdemeanors to felony violent crimes. Sarasota residents may face simple assault charges if they are alleged to have taken actions that would make their alleged victims have a reasonable fear for their safety. Under certain conditions, though, a basic assault charge may be elevated to an aggravated assault charge, which can carry with it more serious penalties and consequences for the alleged perpetrator.
A person who has been charged with a serious crime in Florida may be facing some serious penalties. Violent crimes such as robbery can carry years in prison. This can affect a defendant and their family forever.
If someone said they were being abused by a loved one, would you believe them? If you're like a lot of people, you probably would. That's because it's frowned upon in our culture to think an alleged victim is telling us anything but the truth. It's even harder still in our culture to call an alleged victim a liar.