Our client was a 15 year old juvenile being charged with one first degree felony count of aggravated child abuse under Florida Statute 827.03. While playing with his younger 7 year old cousin, as a joke, he touched his younger cousin on his body with an iron which he thought was no longer hot. The touching resulted in some burns to the younger child and his mother contacted the police and pressed charges against our client. Upon being contacted, The Modarres Law Firm immediately appeared at arraignment and argued that the juvenile be released to his mother’s care and custody following the 21 day hold in DJJ. Subsequently, The Modarres Law Firm was in constant communication with the State to negotiate a favorable plea offer or dismissal for our client.
After we were unable to reach a favorable resolution with the State, The Modarres Law Firm rejected the State’s plea offer at the request of our client and his mother, and aggressively prepared for trial. Pre-trial motions were filed, including a Motion in Limine filed the morning of trial precluding the State from introducing or illiciting what’s known as “child hearsay” or “hearsay” statements made by the alleged victim in the case. The State had failed to comply with the 10-day notice requirement to introduce such statements under FL Statute 90.803(23). The State was unprepared to proceed with trial and The Modarres Law Firm immediately moved the Court for an immediate dismissal of the case. The Judge granted the Defense’s motion and all charges were dismissed against our client. He will no longer face prosecution against this outrageous and unfounded charge.
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