Sentencing Deal That Rules Out Early Termination Of Probation

[SammyNole]

I recieved a plea bargain of One Year County Jail time, Two years of community control(house arrest), and two years of probation. At my day in court, in which I was to sign this agreement, the State Attorney through in the stipulation that I had "NO CHANCE" for early termination. I signed the plea bargain, as told by my attorney, and I am almost done with one year of the house arrest.

My question is, how well does this hold up in court? Why would he do this? Is there anything I can do to change this?

Thanks!

[Baystategirl]

I recieved a plea bargain of One Year County Jail time, Two years of community control(house arrest), and two years of probation. At my day in court, in which I was to sign this agreement, the State Attorney through in the stipulation that I had "NO CHANCE" for early termination. I signed the plea bargain, as told by my attorney, and I am almost done with one year of the house arrest.

My question is, how well does this hold up in court? Why would he do this? Is there anything I can do to change this?

Thanks!

1. It will hold up in court very well. It's a done deal!
2. Ask the DA why he did this.
3. There is nothing you can do to change this...Unless of course you would rather spend the next year in prison rather than your home??

[SammyNole]

I'm hoping that I can file a motion to go in front of the judge and get my last year of Community Control switched over to a third year of regular probation. I have started a new company that will essuntually require to me travel throughout the state. Wouldn't this help my cause?

IMO, the SA had a hard on about my case because it involved a pretty exgirlfriend who sat in his office with tears coming down her eyes. But I'm not angry

[Baystategirl]

I'm hoping that I can file a motion to go in front of the judge and get my last year of Community Control switched over to a third year of regular probation. I have started a new company that will essuntually require to me travel throughout the state. Wouldn't this help my cause?

IMO, the SA had a hard on about my case because it involved a pretty exgirlfriend who sat in his office with tears coming down her eyes. But I'm not angry

Was she crying because you were beating the heck out of her?? That would be a good reason for his not wanting to do an early release! Do you have a history of violence?

[SammyNole]

No history of violence and absolutely no prior arrests. This was a gun charge with NO witnesses, but since I admitted to having a gun it fell under the State of Florida Law-Assault with a Firearm without intent to kill. The girl wasn't hurt, wasn't threatened, yet she is the victim in this case

[Baystategirl]

No history of violence and absolutely no prior arrests. This was a gun charge with NO witnesses, but since I admitted to having a gun it fell under the State of Florida Law-Assault with a Firearm without intent to kill. The girl wasn't hurt, wasn't threatened, yet she is the victim in this case

So what was that actually happened? Did you fire the weapon in her direction? Was that what you stated to the Judge when you excepted this plea?

[Mr. Knowitall]

This conviction was for aggravated battery, Florida Statutes § 784.045?

I would guess that she claimed that he pointed a gun at her, whereas while he denied that he admitted to having the gun. As he was convicted in a plea bargain, he would have either had to plead "no contest" to the charge, or would have had to admit the assault when entering his guilty plea.

But all of that is peripheral to the fact that he is exceptionally unlikely to escape the terms of his plea bargain.

[SammyNole]

Knowitall,

That is pretty much in a nut shell. The night of the "incident" I denied having the gun in my possession(this was at three in the morning after drinking all night), five days later when I met with the investigator I admitted having a gun in my possession during the conversatin with this girl, but that it was never pulled and no threats were ever made. Of course her story was that the gun was pulled, but that NO THREATS were made and that I never acted with anger.

So I hired an attorney-which cost me a small fortune-and he essentually informed me that I had no chance of winning this case becaue the SA would just jump on the fact that I had already lied about the possesion of the firearm, therefore in front of a jury I looked like the guilty party. Especially next to a nice sweet young girl who would cry on the witness stand. So he got me this plea bargain and the day we showed up to sign it, the SA had added this little curve ball into the deal. I had been in jail for seven months and just wanted to get this beyond me so I signed it.

Again, I am not looking to get out of the sanctions of the plea bargain I am just thinking that my second year of house arrest can be changed to probation. Thoughts?

[aaron]

Was the stipulation for "no chance" of early termination of the house arrest?

[SammyNole]

I think the stipulation is for the entire plea bargain. Again, I have served the one year in county jail, and in January will have completed one year of house arrest. So my hope is to get three years of probation instead of two.