Скачать с ютуб Open plea -a plea to the judge when you dont like the state offer- Florida в хорошем качестве

Open plea -a plea to the judge when you dont like the state offer- Florida

Taking an open plea in court. What does that mean? Well the state attorney has offered you a plea bargain, Its a plea bargain that you're not willing to accept. Most often its a plea bargain that will include jail or prison time. your attorneys tell you that your likelihood of winning in either a motion to suppress or at a trial is slim so you're looking at an alternative to the plea bargain offer that the state has given you. So one way to do this is for your attorney to open plea to the court. What does that really mean to you? What it should mean to you is that the judge can give you anything from the minimum whatever your charges are, lets give it a hypothetical lets say you're charged with grand theft and the minimum he can give you is probation and the maximum he can give you is 5 years of florida state prison. Well, you've had some criminal history so the state is not offering you a withhold of adjudication and a year o probation. Well maybe they're offering you a prison sentence with 2 years in prison. What you need to know is that when you apply and you ask the judge to make the decision for you, its called an open plea. The judge can give you something minimum something discretionary to the maximum of 5 years in a florida state prison. Whats important to know is to know the judge and to know his or her background and to know the kind of rulings he or she has made in the past to know what their stance on crime is. To know whether or not someone is a harsh sentencer or someone who thinks more about rehabilitation. This is a question that you are not going to know the answer to. This is something that your attorney will know the answer. Your attorney, if he is a criminal defense attorney and is in court every day and does this for a living, he should know the type of judge you're dealing with and additionally should know the type of state attorney he or she is dealing with. Some state attorneys are very harsh in what their offers are and some are more lenient. Again, different people have different opinions on how to handle the case. Now theres a lot of run-of-the-mill offers. Lets say for instance on that same grand theft case if you had no criminal history, probably if your not entering into a diversion program lets say one of the south Florida counties such as Palm beach, Broward, miami dade county might be 18 months of probation with a withhold of adjudication meaning they are not a convicted felon. Well that might be a standard offer and it depends on whether the evidence is against you to make a determination on what offer to accept. Again, we're talking about open plea's. Open please are almost always requested or considered when you have a lousy offer wha you deem to be a lousy offer. Whats a lousy offer? Its jail or prison, no one wants to go there so you're looking for an alternative granted that there might be a downward departure motion that your attorney could file which is a motion to ask for the judge to depart from the guidelines, what you should normally score as far as the Florida punishing code and the amount of time you should be in a jail or prison cell. Open plea, Know your judge, know your prosecutor and know your options. All of these answers come from your attorney. Consult with your attorney and don't make a rash decision. An "Open plea" is where you ask the court ( the judge ) to decide your sentence. This is considered when the State attorney ( prosecutor) makes you a plea offer that you are not interested in, for example jail or prison. Nobody is interested in that type of offer. Therefore you ask the judge to give you something less. It is a dangerous game and you need to know the judge or you will get blasted. Criminal Attorney Roger P. Foley explains. Visit our website at: rpfoley.com We have two office locations: Broward Office (satellite): 110 South east 6th Street 17th Floor Fort Lauderdale, Florida 33301 (954) 467-2946 Palm Beach Main Office: 1555 Palm Beach Lakes Blvd Suite 1555 West Palm Beach, Fl 33401 (561) 746-7076