Islamorada, FL Criminal Defense Law Firms & Lawyers

A person can be arrested based on allegations. However, under these facts I do not believe that you would be arrested and if arrested that the charges would be pursued and if pursued that a Judge would let it get to a jury unless there is some marital settlement agreement or other order awarding the Husband the four wheeler.

Your attorney (whether private or court-appointed) should be able to answer your question.  If you do not have an attorney, you need to retain one or, if you cannot afford one, you should ask the court to appoint an attorney to represent you.  Since you were arrested, the judge should already have asked when you first went to court on the criminal charge if you were able to hire an attorney.   Unfortunately, the charge of violating an injunction or court order is not one in which the victim is the person who sought the injunction.  That may be one of the reasons your ex encountered problems when she tried to have the case dropped.  Again, your attorney should be able to explain this to you.  If you do not have an attorney, you need to retain one, or if you cannot afford to hire one, ask the court to appoint one ASAP.       

You are charged with a crime, probably as a first degree misdemeanor, and will probably be offered a deferred prosecution agreement, whereby you do a bunch of things like go to a class and pay court costs, and eventually the case can be dismissed if you do everything. You do need to hire an attorney for this. The public defender could represent you in the criminal case, but they will not be representing you in trying to get the records sealed or expunged.