What happens upon receipt of a Criminal Summons in Florida? In some jurisdictions, the use of a Criminal Summons was part of criminal justice even prior to COVID. Some people are surprised to receive a Summons, while others are made aware of a criminal investigation and may be expecting it or relieved to receive a Summons instead of being arrested.
Much has changed in the practice of Florida criminal defense during COVID. With varying orders being issued by the Florida Supreme Court, the Chief Judges of the Circuits, County and local municipalities, we are all dealing with the semi-shutdown as best we can. It seems that new orders, tweaking the last set, are made about every other week.
Words mean things. In Florida criminal law the words "assault" and "battery" have completely different meanings. Both are criminal. Many times, in movies or television, the word assault and the words "assault and battery" are used to describe what is actually a battery in Florida. In essence, an assault is a credible threat and a battery is an unlicensed touching.
In the context of criminal domestic battery or domestic violence, a question often asked is whether a victim can drop the charges. The short answer is No. Only a prosecutor has the discretion whether to charge a person with a crime. The victim to a domestic battery can request that the State not press charges, however it is simply a request.