Update & Summary of State v Anderson, 2026-MM-2740
So what happened in the case of State v Anderson? Well, it was one of those cases that the State files obviously in error. Law enforcement responds to a call initiated by a noisy neighbor. The boyfriend and girlfriend are engaged in an argument. No one is injured or has called other than the neighbor that just can’t mind his own business.
Annoyed by the call, law enforcement seeks to arrest someone due to having to respond. Again, the “alleged” victim has no injuries, and professes she is not a victim. The victim further declares she will not make a statement to support the alleged probable cause and refused to cooperate at the outset. She never changed her testimony as asserted later by the Prosecutor.
It is always here at the start that while we desire a close analysis, cases slip through the cracks. As a former prosecutor years ago, I would call the witness to speak with them or subpoena them to the office if necessary. At that time, I would seek to discern whether pressure was being applied to silence them, and see what, in fact, if anything had happened. This is rarely the case these days. Cases are hurried, and little is reviewed. In an effort not to annoy law enforcement cases might be assumed to be given the o.k. and too many individuals end up in court. Sad, but true as it may be. I believe this was the case of Mr. Anderson.
When I spoke with my client, I was able to discover that this was a typical couple arguing over expenditure, and the conversation got heated. No one was struck with any force resulting in injuries, and only feeling might have been hurt. Therein, the neighbor became concerned due to the noise, and for whatever reason felt compelled to contact law enforcement.
Appearing multiple times in court on behalf of Mr. Anderson, counsel was advised by the Prosecutor that he had no real authority to make a decision on the case. Unlike my days working with the State, enormous discretion had been given to us. The result, counsel had to file a motion. The motion is attached. This motion was set for a hearing as of the above date, and at the last moment the evening prior, the State called uncle and dismissed their own case. Motions are a significant part of this process currently for reasons as I have expressed herein. The result, very consequential.
Should you find yourself and feel bullied as this client did, call me. I will push back or proceed to a trial if warranted. That’s what I do.
Sincerely,
/s/Jeffrey W. Wiggs, Esq.
307 N. Barrow Ave.
Tavares, Fl. 32778
Ph: (352) 253-0100
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