Q: I have been in no trouble with the law in the past 17 years, can the Fl point system still use my past record. I am facing charges in Polk County, Fl. I do have a history but have been clean and out of trouble for 17 years. My PRIVATE lawyer wants me to plead out to five years in prison because I have a past and the state will not work with him to keep me out of prison.
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Answered . The State cannot score priors over 10 years old, but there is nothing that precludes them from effectively using them against you without regard to the scoresheet. The reason for this is simple: There is no requirement that the State make you any plea offer whatsoever. Accordingly I have 2 thoughts on the matter:
1) Thoroughly discuss the case with your lawyer (not with others of us on line who know less than nothing about the facts and circumstances of you, your case or the other players in your case - i.e. cops, victims, prosecutor, Judge, etcetera) and don't expect any responsible lawyer to Monday morning quarterback your lawyer's advise.
2) Discuss the possibility of a plea to the Court. Sometimes (again, I know nothing about you or your case) you can get a better plea out of the Court than the State is willing to offer. You should note that pleaing to the Court is always risky but if the State is offering you the statutory max then you have little to lose.
3) Make sure that your lawyer has fully vetted the various statutory mitigation factors as they may apply to you and your case (see: http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0900-0999/0921/Sections/0921.0026.html
1) Thoroughly discuss the case with your lawyer (not with others of us on line who know less than nothing about the facts and circumstances of you, your case or the other players in your case - i.e. cops, victims, prosecutor, Judge, etcetera) and don't expect any responsible lawyer to Monday morning quarterback your lawyer's advise.
2) Discuss the possibility of a plea to the Court. Sometimes (again, I know nothing about you or your case) you can get a better plea out of the Court than the State is willing to offer. You should note that pleaing to the Court is always risky but if the State is offering you the statutory max then you have little to lose.
3) Make sure that your lawyer has fully vetted the various statutory mitigation factors as they may apply to you and your case (see: http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0900-0999/0921/Sections/0921.0026.html
You may also want to take a look at the following #HaberPA's VideoFAQs:
# 13) Your Prior Criminal History - https://youtu.be/gwL9U7kG9U8
# 204) What can I do if my Prosecutor won’t Plea Bargain with me? - https://youtu.be/bJx_TNryvHs
And also our AVVO Legal Guide on "Sentencing in FL: The Mathematics, Procedures and the Realities" @ https://www.avvo.com/legal-guides/ugc/sentencing-in-florida--the-mathematics-procedures-and-the-realities
I hope that this has been helpful and wish you good luck!
First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.)
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