Challenging a Domestic Battery Charge Built on Inaccurate Reports
Start a free AI-assisted chat and connect with an experienced Florida attorney, with no obligation.
Reviewed & verified by A. Jason Velez, Esq.*
Managing Attorney, 1LAW · Last reviewed May 18, 2026
Legal Inquiry
Consumer Legal Issue
They're charging me with domestic battery with intent to whatever. But my question is, is they got the last name wrong? The address is not right, and they're going by hearsay right. The male patted me down there is more then one or two inaccurate report.
Attorney Answer
Clerical errors on the arrest paperwork and the hearsay issue are unlikely, by themselves, to get the domestic battery charge dismissed or reduced — but they can support a defense strategy your attorney should evaluate now.
A wrong last name or address on an arrest affidavit is usually treated as a correctable clerical mistake, not a basis for dismissal. Errors like this matter mainly if they point to broader unreliability in how police investigated the case — a possible angle for a motion, not a likely win on its own. Likewise, a statement your sister made to police is not automatically excluded as hearsay. Florida Statutes section 90.803 allows many out-of-court statements, including excited utterances, to be admitted despite the general hearsay bar. Whether that exception applies depends on facts not yet in the record, such as who spoke to police first and whether your sister will testify — it is an open question, not a settled advantage.
What you can do:
1. Request the complete arrest report and charging affidavit from the clerk's office or your attorney.
2. Retain a criminal defense attorney to evaluate a suppression or identification challenge based on the errors.
3. Discuss with counsel whether your sister's statement fits a recognized hearsay exception.
4. Track all court dates closely so nothing is missed while this is reviewed.
⏱ Time limits apply. Florida's speedy trial rule generally requires trial within 90 days for a misdemeanor or 175 days for a felony, absent waiver. Have a local attorney review your case promptly to confirm how the deadline applies to your situation.
Relevant Case Law
MICHAEL D. JONES v. STATE OF FLORIDA, 2021 — District Court of Appeal of Florida
Applies the excited utterance exception to the rule against hearsay.
It confirms that in a Florida domestic-battery matter a victim's out-of-court statement to police can come in as an excited utterance rather than being excluded as hearsay.
Read the full opinion (CourtListener)
*Attorney review is supported by AI-assisted drafting and legal research algorithms. Use of this Chat does not create an attorney-client relationship.
By using this service you agree to our Terms of Use and our Privacy Policy.
Courts & Legal Aid in Florida
- File or look up a case through the Florida State Courts, which serves the state.
- Get free civil legal help from FloridaLawHelp.
- Use the LSC — Find Legal Aid to find a local legal-aid office by ZIP code.
- Use the LawHelp.org to browse free legal information and self-help resources.
- Use the ABA Lawyer Referral Directory to get matched with a local attorney through your state bar.
Frequently Asked Questions
Can a wrong name or address on an arrest report get a criminal charge dismissed?
Generally, a clerical mistake like a misspelled name or wrong address is treated as correctable and rarely leads to dismissal on its own. It may become relevant if it points to broader problems with how the case was investigated, which an attorney can evaluate.
Is a family member's statement to police considered inadmissible hearsay?
Not automatically — many states allow certain out-of-court statements, such as excited utterances, to be admitted despite the general hearsay rule. Whether an exception applies depends on the specific facts, so an attorney typically needs to review the statement and circumstances.
Is there a deadline for bringing a criminal case to trial?
Many states have speedy trial rules requiring trial within a set number of days after arrest, often shorter for misdemeanors than felonies, unless the deadline is waived. A local attorney can confirm how the applicable deadline works in a particular case.
