Information Please?

Question

Okay, first I would just like to say that I don't need any preaching from anyone...

Here is the situation. My fiance is being tried by the State of Florida for two counts of 1st degree Felony. We went to court yesterday for his arraignment. Everyone there who was being sentenced had second degree felonies and all received probation.

Now, this is his first offense, and the person who this was about dropped charges (and the state picked them up), they assigned him a public defender and when the judge told him the pre-trial date, he handed him the paper and said "good luck, this is a tough case" meaning it's all a he-said, she-said deal and there's no proof.

The question I have is, what are the chances of him getting probation if he decides to plea before the pre-trial date?

Actually, two questions...someone told him that there's a thing he can do if convicted (or if he pleas) to get the felony off his record. Is this true? Is there actually something you can do to get that

off your public record? And if so, why haven't more people done it? Or is it hard to do?

If we had the money to get our own lawyer, we would have done that already. We don't.

We saw the public defender's doing everyone else's cases, and like I said, nobody went to jail. Everyone just received probation.

Answer 1

There are two kinds of guilty pleas: One with an adjudication withheld, and one after a conviction (which mans an adjudication of guilt). Under Fla. law one cannot get an expunction after a conviction unless one first gets a pardon -- a difficult, lengthy & costly process. Therefore unless he can get a plea offer with an adjudication withheld he cannot get his record expunged.

Getting a good plea deal is like buying a car. You usually have to wait until the last minute to get the best deal. The judge already thinks its a poor case & so will the prosecutor. However there is an "imbalance of anxiety." The prosecutor has hundreds of cases & this is just one of many poor ones. S/he won't worry about it until the day or two before trial (S/he may not even see the file before then) & then doesn't care much whether it's a win or a loss. For you & your fiance, on the other hand, this could be his whole life & you & he have nothing else to worry about except this. So your anxiety level is pretty much at maximum. Prosecutors know this & rely on it to get pleas to most of their cases. Public Defenders also know this, so bugging them to keep calling the state to try to make a deal is really counter-productive. The more anxious the prosecutor thinks you are, the better they like it.

So you may just have to wait it out until trial or close to trial to get what you want.

Answer 2

From what you are saying, I am not sure why the State would decide to pursue this case.

With that said, you should bite the bullet and find a good Attorney. I think if the evidence is as you say, it should be fairly easy with the help of a good attorney to get the State to allow probation or maybe even dropping the case. I know attorneys cost a lot of money but your b/f freedom is worth fighting for his rights.

Good luck. If your boyfriend is in a very poor financial situation call the Florida Bar Association and see if someone can help you by representing him on a Pro Bono basis. It's worth a try.

Answer 3

plea not guilty, then offer to plead guilty to one of the charges. thats a plea bargin, first offender will not accept you if you are being charged with two felony counts or have previous convictions. If you plea not guilty the state has to consiter the expense of a trial and time lost. by pleading guilty it shows them you are accepting responsibolty. A pre sentance investigation will be conducted and your whole history will be exposed you need to be honest when they ask about your past history they will find out every thing. dont lie it will get you a longer sentance. I went through the same thing and my lawyer worked a deal and got my prison time suspended and lots of probation. also violent felonies cannot be expunged from your record the govenor can only do that with a pardon not likley to happen. good luck if you have any questions feel free to ask ive been there.

Answer 4

BASICALLY YOU AND YOUR MANS PEOPLE NEED TO TALK TO A REAL LAWYER ABOUT THIS BECAUSE A PUBLIC DEFENDER WORKS WITH THE DA SO REALLY THE ONLY OPTION IS TO GET A PAID FOR LAWYER AND I AM SURE SOME ONE WILL PICK THAT CASE UP AND THERE SHOULD BE LAWYERS THAT WILL TAKE PAYMENTS WITH A NICE AMOUNT DOWN ..... CHECK THAT OUT AND GET HIM SOME TYPE OF HELP DON'T TRUST THE PUBLIC DEFENDER

Answer 5

if his attorney can work a plea where he gets probation and the judge accepts it he can avoid a trial. it is possible to have your record expunged, which means it goes away, but that is sometimes difficult. he needs a good attorney. good luck.

Answer 6

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Answer 7

Chances are he will get probation too. Good luck with that.

Answer 8

Might as well pack his bags,and kiss him bye