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  1. #1
    Join Date
    Apr 2012
    Posts
    1

    Post Is It Ever a Good Idea to Agree to an "Open" Plea Agreement

    My question involves criminal law for the state of: Florida, Bradford county, My brother was offered a "open" plea agreement. His Public Defender would not state what the State of Florida was offering. He was to agree to "WHATEVER" in order to not have a trial. I have never heard of this. I advised him to ask the judge to explain this to him and ask for more time or some more information before he agreed to anything. His attorney dropped this in his lap today and his court date is tomorrow. I am at a lost as to how this can happen.

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    65,103

    Default Re: Is It Ever a Good Idea to Agree to an "Open" Plea Agreement

    Do you mean that he's being asked to plead guilty as charged? That no plea bargain is being offered? The prosecutor does not have to offer a plea bargain.

    We know none of the details, and it sounds like you know at best half of them. We don't even know the charge(s) against your brother. If your brother doesn't like and/or trust his lawyer's advice, he should seek a second opinion.

  3. #3
    Join Date
    Jan 2011
    Location
    Indianapolis, Indiana
    Posts
    334

    Default Re: Is It Ever a Good Idea to Agree to an "Open" Plea Agreement

    What this means is the prosecutor is not interested in plea bargaining. There is no offer. Remember, prosecutors are under no obligation to negotiate for pleas.
    Jeff Downer
    Bail Bondsman
    Indianapolis, Indiana

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