When Glades County Sheriff Officers were dispatched to a domestic violence call, the female resident made fierce allegations against her ex-boyfriend. She claimed he had come to her house to pick up their 1 year old son and they got into an argument. The dispute caused his temper to flair and she said he hit her in the face, leaving her lip swollen and cut. After striking her he took their son and left. The police searched the area and could not find him. Two days later they received a call from the woman letting them know the suspect would be returning to her home with their son. The police returned to her apartment, arrested her ex-boyfriend and transported him to Glades County Jail. He was charged with Battery Causing Bodily Harm and a No Contact Order-except child visitation, was issued.
The accused, a Mexican citizen with poor English comprehension, told the police he could not understand them. The 29 year old construction worker had no prior history of domestic violence. He had known the woman for six years and they owned a home together. When their relationship fell apart, she moved out and was currently living with another man. They agreed that he would remain living in the home and he had visitation rights with their child.
Domestic disturbance calls frequently result in the police removing and arresting the husband, ex-husband or boyfriend. Especially in cases where the couple does not live at the same residence, police make an arrest on domestic charges in order to diffuse a situation and prevent further problems. Even in acts of self defense, police are more likely to see a man as the aggressor. A conviction of domestic battery can create problems in getting and maintaining a job. It is important to retain experienced lawyers to fight allegations of domestic violence.
The attorneys at Musca Law act immediately to investigate what happened during domestic dispute arrests, in order to formulate an aggressive defense to unwarranted charges. As a former prosecutor, Attorney John Musca understands how these cases are processed, and leads his team of experienced Miami criminal attorneys with insight on what needs to be done to have the charges reduced, or dismissed by the prosecutor. Attorney Musca speaks fluent Spanish and has attended international language and legal studies overseas at the world-renowned "Instituto Internacional" in Madrid, Spain. Clients with language barriers feel comfortable retaining John Musca as their lawyer.
The defendant claimed he was attacked by his ex-girlfriend and she scratched his face. He said she called him constantly leaving threatening messages. On one occasion she violently attacked him and tore his shirt. After the arrest she left messages on his answering machine flaunting that she had him arrested intentionally. On the tapes she admitted that she scratched him on the face before he hit her. During depositions it was evident that she had changed her story to the police. In situations of "he said, she said", having documentation of what happened helps establish actions of self-defense, or that the allegations are false. It benefited our client that he did not erase the threatening phone messages his ex-girlfriend had made. In light of the supportive evidence presented in the defense of our client, the Court dismissed the case for insufficient evidence.
