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Which jurisdiction.......

 
 
jmr1972
 
Reply Mon 19 Oct, 2015 09:26 pm
If someone lives in Hillsborough County but lies under oath in Pasco County, which jurisdiction does it fall in? Hillsborough County or Pasco County. How or whom do I talk to about pressing charges since it is a felony of the third degree in statute 837.02 and punishable as provided in statutes 775.082, 775.083 or 775.084. I've talked to the Dade City Police and the said it's a civil matter when it's a felony type crime.
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Type: Question • Score: 0 • Views: 1,185 • Replies: 3
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jespah
 
  2  
Reply Tue 20 Oct, 2015 05:38 am
@jmr1972,
Go to a lawyer and engage him or her, preferably someone who specializes in civil matters.

'Pressing charges' is a misleading term. It's really whether the police and the prosecutor will follow up on a case, and whether the victim will cooperate with the investigation and testify at any hearings or even a trial.

If the police are calling it a civil matter, then they aren't handing it over to the DA. There are no charges to press, so that leaves you with the civil matter.

As for the matter of jurisdiction, the complainant usually chooses on the basis of wherever there is possible jurisdiction + the best chances of winning the case. If the respondent disagrees, then they will move to change venue.

Time for you to get an attorney to handle this matter.
jmr1972
 
  1  
Reply Tue 20 Oct, 2015 08:04 am
@jespah,
According to this; http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0800-0899/0837/Sections/0837.02.html it don't state either civil nor criminal. It clearly states felony of the third degree.
jespah
 
  2  
Reply Tue 20 Oct, 2015 09:42 am
@jmr1972,
There is both civil and criminal contempt of court.
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