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Can the States Attorney do this?? Is it ethical??

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#1 ne14cnb


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Posted 15 November 2012 - 10:11 PM

In Walton County, Florida My boyfriend is charged w Battery on Persons 65 or Older and Trespassing. His P.D. called him the day before court and said the States Attorney had a Plea for 11 months 29 days w/ credit for all time served and if he accepted the plea he would sign it in court. But he said he needed by lunch time if he accepts so the plea would be sealed, he said after lunch he didnt no if the plea would stil be on the table. My boyfriend accepted the plea. He missed court though. Now he has a FTA to. When he asked about the deal he was promised his P.D. told him it wasnt on the table anymore and the plea offered was 5 Years DOC and that the States Att wasnt goin to offer anything less, so he could accept that plea or go to trial. P.D. said HIS CONDUCT IS THE REASON THAT OFFER IS ONLY FOR PRISON TIME. Is it legal to promise a plea and then retract it and add more time for just Failing to Appear?? Is it ethical?? how can the States Att do that?

#2 doucar


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Posted 16 November 2012 - 12:01 AM

It is both legal and ethical. Your boyfriend knew the terms of the plea bargain. Intending to accept it is not enough, he had to comply with all the terms, including appearing in court. Once he failed to appear, the plea offer was off the table.
The state's attorney can do that because, 1. they have no obligation to offer a plea bargain in the first place. The plea bargain terms were clear and your boyfriend chose not to follow them and the plea offer was withdrawn. The state's attorney can start the process all over again and make whatever offer he wants within the potential punishment allowed by the statutes. Your boyfriend needs to take this more seriously, or he won't be out for a long time.

#3 Guest_FindLaw_Amir_*

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Posted 16 November 2012 - 11:28 AM

To learn more about this subject matter, you may wish to visit the Criminal Law Center and read Plea Bargain as a good resource. For further clarification, your boyfriend may want to consult with a local Florida Criminal Defense Lawyer.

#4 LegalwriterOne


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Posted 16 November 2012 - 12:59 PM

Whether or not to offer a plea deal is entirely up to the prosecutor's office. The deal can be withdrawn at any time before the defendant accepts AND enters his guilty plea. Your boyfriend didn't show up, deal's off and he has no one to blame but himself.

#5 jb7775


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Posted 18 November 2012 - 08:02 AM

It seems unrelated in a way, but the criminal judicial system, RI from my knowledge is that you are guilty until proven innocent

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