• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Sex Drugs and Drinking

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

L

Laura3249

Guest
What is the name of your state?What is the name of your state? Florida

First of all, this is a very complicated situation. I will try to explain it as simple as possible. For you to understand it best, I must tell you that I'm married with a 3 yr old. I live a very normal life and I have never done any drugs before.

On the 25th of June, a friend of mine gave me some Xanax pills and said that they would help to calm me down. I had never taken Xanax before and I trusted this person, so I took two. As the night progressed, I ended up taking 4 of them. Around 10 pm, my husband went to sleep and I told him that I was going out to get something to eat.

After eating at a restaurant, I called my friend and I went to her house (I never go out at night w/o my husband). I think the pills were already affecting my thinking.

When I got to my friend's house, there were some guys there and a few girls. There was also some drinking. At that point I should have left, but I didn't. I started drinking some and the last thing I remember I was sitting on the couch and talking to one of the guys about my son.

Next thing I know, my friend is dragging me from a bedroom into the bathroom. She was screaming that my husband was there looking for me. She threw me into the bath tub. I was slipping in and out of consciousness. My husband came in and got me and took me in the car. The next thing I knew, I awoke in a hospital bed all alone.

I later found out that my husband had awoke at 5:30am to go to work and I wasn't home. He started driving around looking for me and eventually found my car outside the friend's house. When he pulled up to the apt. there were guys outside and music blaring. Once people noticed him walking up, they started running from the house. As he approached the open sliding glass door, he saw that I was naked and being dragged into the bathroom. As he was trying to get into the bathroom, people were hitting him and screaming that it wasn't me in there. He eventually got in and carried me out to his car. People were still attacking him as he was putting me in the car and he lost hold of me. I slammed onto the ground. He then drove me back to our house. Two of the females from the apt. followed him to our house and started screaming at him that nothing had happened.

He had his mom drive me to the hospital and he headed back to the apartment with his brother to pick up my car. When he got to the apartment, there were cops outside. So, he didn't stop and just headed back to the hospital. A little while later, he was arrested at the hospital and charged with burglary of a dwelling (with a weapon), aggravated assault, battery (domestic), and battery (touch or strike).

Now this is what it says on the police report:
"The listed defendant (my husband) used force to enter the victim's residence without permission. The defendant then dragged his girlfriend (me) from the residence. The defendant then struck his girlfriend's head on the trunk of her car. The defendant then struck victim Jennifer, as she tried to stop him. Jennifer then followed the defendant to his residence where he produced a hand gun placing her in fear for her life. The defendant then took his girlfriend to the ER, before returning to the scene, while affiant was interviewing the victim Jennifer, at which time the defendant fled the scene in his vehicle. The defendant was located and arrested at the hospital."

Now, it is a FACT that my husband never "produced a gun". He doesn't even own a gun. It is also a fact that he never hit me or abused me in any way. If my husband hadn't gotten me to the hospital when he did, I very likely could have died from an overdose of Xanax. When my husband got me from that apartment, my pants were on inside-out, my underwear was mising, and my bra was undone. I do not know what happened to me, but a possible rape is being investigated.

My husband stayed in the jail for 4 days and was then released on an ROR. I am very scared as to what may happen with him. He is a very loving husband and father. He is only concerned with providing for his family. He doesn't deserve to face any punishment (he didn't do anything wrong). As far as I'm concerned, he saved my life. This whole thing is all my fault. I should have never gone to that apt. in the first place.

What can we do now? We cannot afford an attorney and this is such a horrible situation. I don't want this mistake to tear my family apart. I am so stuck. I will regret that night for the rest of my life. Somebody please help.
 


F

Fire300zxtt

Guest
the last thing you want to do is drive on xanax, then the next last thing you want to do is drink on xanax...


Get your self a real lawyer, and dont say **** to the cops.. find out what evidence they have, and if your story your telling us is the exact truth, then he cant be held responsible for what happend.. he was in fear for your life.... if they would not let him in the house, then it is burglary, true, and he should have called the cops.. sounds like your friends are a bunch of drunk and roudy tweakers.... not real friends..

good luck for a f'd up situation
 
L

Laura3249

Guest
Alright, well thanks for the replies. For those of you that pray, please pray for me and my husband.
 

BelizeBreeze

Senior Member
if your story your telling us is the exact truth, then he cant be held responsible for what happend
Fire, that is a load of crap. First, her husband entered a private dwelling without permission. Every hear of tresspass? Second, if he even so much as touched another person on his way in, the DA can and probably will file batter against him.

As for her finding out the evidence against him, she won't and doesn't have legal standing to find out. He MAY If and when he hires an attorney. But she is the injured party and the state will bring the charges, not her.

You are making a hell of a lot of assumptions here and leading this girl down a very dangerous slope. So, maybe next time you should think before you type.
 
L

Laura3249

Guest
Here are a couple of definitions I have found:

FL Statute 810.02 Burglary--
For offenses committed after 7-1-01 "burglary" means:
Entering a dwelling, a structure, or a conveyance with the intent to commit an offense therein

Burglary-
The act of breaking and entering a dwelling at nighttime with the intent to commit any felony

So, what I'm trying to say is that (by these definitions) my husband did not commit a burglary for the simple fact that he did not possess any intention to commit a crime inside the apartment. His only intention for even going inside was to get me out because he saw that I was naked and unconscious.
 

BelizeBreeze

Senior Member
And you would be wrong Laura. Intent can be proven by the events that occurred. And, as I stated, his behavior in touching another person while on the premesis is battery, a crime.

Now, are you going to stay here trying to justify his actions or are you going to take the advice I gave you yesterday?

That choice is up to you.
 
L

Laura3249

Guest
BelizeBreeze said:
Get your husband to a public defender. Then get the both of you into counselling.
He cannot be assigned a public defender until the arraignment. We cannot afford counseling, nor do we have time. My husband runs his own business and works 12 hrs a day, 6 days a week. The only thing we can do now is sit and wait for the arraignment.
 

BlondeIntel

Registered User
Question

Besides the possibility of a rape charge that Laura 3249 mentions in her post, would she be able to charge her "friend" with false imprisonment?


Laura3249 said:
What is the name of your state?What is the name of your state? Florida

First of all, this is a very complicated situation. I will try to explain it as simple as possible. For you to understand it best, I must tell you that I'm married with a 3 yr old. I live a very normal life and I have never done any drugs before.

On the 25th of June, a friend of mine gave me some Xanax pills and said that they would help to calm me down. I had never taken Xanax before and I trusted this person, so I took two. As the night progressed, I ended up taking 4 of them. Around 10 pm, my husband went to sleep and I told him that I was going out to get something to eat.

After eating at a restaurant, I called my friend and I went to her house (I never go out at night w/o my husband). I think the pills were already affecting my thinking.

When I got to my friend's house, there were some guys there and a few girls. There was also some drinking. At that point I should have left, but I didn't. I started drinking some and the last thing I remember I was sitting on the couch and talking to one of the guys about my son.

Next thing I know, my friend is dragging me from a bedroom into the bathroom. She was screaming that my husband was there looking for me. She threw me into the bath tub. I was slipping in and out of consciousness. My husband came in and got me and took me in the car. The next thing I knew, I awoke in a hospital bed all alone.

I later found out that my husband had awoke at 5:30am to go to work and I wasn't home. He started driving around looking for me and eventually found my car outside the friend's house. When he pulled up to the apt. there were guys outside and music blaring. Once people noticed him walking up, they started running from the house. As he approached the open sliding glass door, he saw that I was naked and being dragged into the bathroom. As he was trying to get into the bathroom, people were hitting him and screaming that it wasn't me in there. He eventually got in and carried me out to his car. People were still attacking him as he was putting me in the car and he lost hold of me. I slammed onto the ground. He then drove me back to our house. Two of the females from the apt. followed him to our house and started screaming at him that nothing had happened.

He had his mom drive me to the hospital and he headed back to the apartment with his brother to pick up my car. When he got to the apartment, there were cops outside. So, he didn't stop and just headed back to the hospital. A little while later, he was arrested at the hospital and charged with burglary of a dwelling (with a weapon), aggravated assault, battery (domestic), and battery (touch or strike).

Now this is what it says on the police report:
"The listed defendant (my husband) used force to enter the victim's residence without permission. The defendant then dragged his girlfriend (me) from the residence. The defendant then struck his girlfriend's head on the trunk of her car. The defendant then struck victim Jennifer, as she tried to stop him. Jennifer then followed the defendant to his residence where he produced a hand gun placing her in fear for her life. The defendant then took his girlfriend to the ER, before returning to the scene, while affiant was interviewing the victim Jennifer, at which time the defendant fled the scene in his vehicle. The defendant was located and arrested at the hospital."

Now, it is a FACT that my husband never "produced a gun". He doesn't even own a gun. It is also a fact that he never hit me or abused me in any way. If my husband hadn't gotten me to the hospital when he did, I very likely could have died from an overdose of Xanax. When my husband got me from that apartment, my pants were on inside-out, my underwear was mising, and my bra was undone. I do not know what happened to me, but a possible rape is being investigated.

My husband stayed in the jail for 4 days and was then released on an ROR. I am very scared as to what may happen with him. He is a very loving husband and father. He is only concerned with providing for his family. He doesn't deserve to face any punishment (he didn't do anything wrong). As far as I'm concerned, he saved my life. This whole thing is all my fault. I should have never gone to that apt. in the first place.

What can we do now? We cannot afford an attorney and this is such a horrible situation. I don't want this mistake to tear my family apart. I am so stuck. I will regret that night for the rest of my life. Somebody please help.
 
Last edited:
D

d8ddysgirl

Guest
"We cannot afford counseling, nor do we have time."

Their are alot of free services. And I would make time. There are still other agencies that can get involved such as Social Services, Child Protective Services. You have a child and if the home is not suitable for a child to live in they will pull him out. When your hubby was chasing you around at 5:30 am where was your son. Plus you took an illegal precription drug and drunk knowingly. You could have walked away when they were drinking. And at 10pm you were going to get something to eat. I think you were looking for trouble and you found it. I am sorry I am so harsh but as a social worker I see things all the time. Alot of this story is not making sense. if your hubby never abused you or hit you thenwhay was your g/f screaming and dragging you into the bathroom if your hubby was a good guy. In a good guy situation, he would have picked up a phone and made some calls. Instead he went looking for you. Whay would guys go running from a nice guy coming up to the house to get his wife.

I would say the writer is in her early 20's. I would say anything you could do to make the situation better for your child is best. That includes marriage counsiling.
 

BlondeIntel

Registered User
This site offers referrals at the following web address:

Many lawyers offer an initial consultation at little or no cost.

https://attorneypages.com/524FL/index.htm




I also found this on the web.

"The Florida Bar Lawyer Referral Service (LRS), 1-800-342-8011 or 1-800-342-8060 extension 5844 , provides referrals to attorneys who will conduct an initial one-half hour office consultation for $25."

The Florida Bar also offers an online referral service at this web address:

http://www.flabar.org/tfbtemplates.nsf/newwebsite?openframeset&frame=content&src=/divpgm/lronline.nsf/wreferral6?OpenForm
 
Last edited:

BlondeIntel

Registered User
dequeendistress said:
Blondeintel~she cannot charge anyone with ANY criminal act. She is not a law enforcement agency or prosecuting office.
I'll re-word it then. Does she have grounds to file a complaint against her "friend"?
 
Last edited:

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top