Can Florida Prosecutors Add Criminal Charges at the Last Minute?

When a person is accused of domestic violence, there is often a temptation to contact the accuser in an attempt to “work things out.” However, once the law is involved and there has been an arrest or indictment, engaging in such contact can only lead to more legal problems. Indeed, Florida prosecutors can charge a defendant with felony witness tampering if they violate an outstanding no-contact order or domestic violence injunction in an attempt to get an accuser to recant or change their story.

Appeals Court Grants New Trial on Witness Tampering in Domestic Violence Case

At the same time, the state still needs to follow basic due process when bringing such additional charges against a defendant. A recent decision from the Florida Second District Court of Appeal, Santiago v. State, provides a case in point. This case began when the defendant’s girlfriend filed a police report accusing him of assaulting her during an argument.

More specifically, the accuser told a 911 operator that the defendant “had knocked her tooth out and was taking her truck.” The defendant later recanted and said she falsely accused the defendant because she was mad at him. The state continued to prosecute the case, however, which did not reach trial for another two years.

Five days before the scheduled start of the trial, prosecutors filed an amended information adding a felony witness tampering charge. According to the State Attorney, the defendant made over 4,400 telephone calls to the accuser during the preceding two years, despite the fact there was no-contact order in place between the parties. Prosecutors said they had recordings of the defendant’s jail house telephone calls with the accuser, in which he said the government “had no case against him if he refused to testify.”

The defendant’s attorney asked for a continuance to investigate these new allegations. The trial judge denied the request, and the case proceeded to trial. A jury convicted the defendant of aggravated battery and witness tampering.

On appeal, the Second District upheld the aggravated battery conviction without comment. But it reversed the witness tampering conviction and ordered a new trial on that charge alone. The appellate court agreed with the defendant that under the circumstances, he should have been given a continuance. While the state had the right to add a new charge of witness tampering at the last minute, the defendant was entitled to more than 5 days to prepare a defense.

Contact a Fort Lauderdale Domestic Violence Defense Attorney Today

It is important not to take the wrong lessons from this case. It is never a good idea to contact the accuser in a domestic violence case while criminal charges are pending. It is an especially bad idea to speak to them from jail, as such conversations are likely to be recorded by law enforcement. And of course, when a no-contact order is in place, making contact can and will lead to additional charges.

Your best course of action if you face similar accusations is to work with an experienced Fort Lauderdale domestic violence defense lawyer. Call Haber | Blank LLP today at 954-767-0300 to schedule a consultation.

Source:

2dca.flcourts.gov/content/download/2442012/opinion/Opinion_2023-1150.pdf