Fort Walton Beach Criminal Defense Lawyer Stephen G. Cobb

Reductions in Charge and Substitutions of Charge

As mentioned in the Diversion section,, the Florida State Attorney's Office is politically motivated to obtain convictions. Therefore, their goal is not to reduce or substitute lesser charges. Reductions and substitutions are most likely to occur when:

The case for the State of Florida has 'proof problems'

The defendant has no prior record

If there is a 'victim' in the case (for example a theft or a battery as opposed to a Fleeing and Attempting to Elude charge), that the victim does not object

The State is extremely resistant to reductions and substitutions for certain charges such as DUI and sex offenses. This does not mean that they do not occur, but it does mean that obtaining a reduction is more difficult.

NOTE: The fact that the 'victim' does not want to prosecute is not enough, by itself, to get charges 'dropped' by the State. Florida law states that it is the public policy of the State of Florida to prosecute even when the 'victim' opposes prosecution. However, the State Attorney's Office may give great weight to a 'victim's preference and this can be used in negotiations. Do not attempt this on your own: You could wind up with witness tampering charges.