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  1. #1
    Join Date
    Jul 2010
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    16

    Default Law Enforcement Altering Plea Agreement

    My question involves criminal law for the state of: Florida

    I was looking under the Florida Department of Law Enforcement, and they have me listed under a different statute from which what I pled to. They added a subsection which was not on court documents that were public record in Broward County.

    Are they allowed to add a subsection to my already pled out charges? Or are they breaking the plea agreement and it is subject to being set aside?

    I tried to speak to them about it but they said they needed a copy of the clerk of courts documents in order for them to review it.

    Should I bring a lawyer into this or should I just handle this myself?

    Thanks in advance for any help you can provide to me.

  2. #2
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    Sep 2005
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    Default Re: Law Enforcement Altering Plea Agreement

    We would need to know the facts in order to even begin to guess at what happened.

    What did you learn when you reviewed your court file?

  3. #3
    Join Date
    Nov 2007
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    1,419

    Default Re: Law Enforcement Altering Plea Agreement

    You can speak to the court clerk and get a dispistion which would list the charge or charges you are convicted of and then send them to the correct person. Maybe fax and sent it be cerfirted mail.

  4. #4
    Join Date
    Jul 2010
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    16

    Default Re: Law Enforcement Altering Plea Agreement

    Ok I spoke with the Clerk and they told me what the disposition was and it was not what FDLE had listed. I checked florida criminal procedure and apparently you cant be charged with assualt if there is sexual battery in one charge. There has to be 2 charges. But that was contested in 1999. Also the statute 800.04 had at the time 2 subsections and it was questionable in its wording.

    Nonetheless I spoke with an attorney and they want to charge 1500$ to get the documents and forward it to FDLE and if anything fight them to get it change. But I am thinking they have no choice in the matter in changing it so I am thinking I can pro se this issue, but would need to know what forms I need to make up in order to correct this.

    Can you guys let me know what I need to do? Thanks for the responses.

  5. #5
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    Default Re: Law Enforcement Altering Plea Agreement

    Start by reporting the error to the agency that abstracted your record to the FDLE, and asking them to correct the record.
    Quote Quoting Rule 11C-8.001, Florida Administrative Code. Review Procedures.
    (1) Any individual wishing to review his criminal history record must submit a request in writing to a local law enforcement agency or the Florida Department of Law Enforcement (FDLE).
    (2) The individual must then be fingerprinted by a local law enforcement agency or by FDLE for identification purposes. The fingerprint card must contain all required identifying data as outlined in the Criminal Justice Procedural Manual, and a conspicuous notation that the card is submitted in order to provide positive identification for a personal record review.

    (3) The request and completed fingerprint card should be mailed by the local law enforcement agency or the individual to FDLE.

    (4) The fingerprint card will be processed by FDLE and returned to the submitting party with a notation affixed indicating the processing result along with a copy of any criminal history record identified with the individual.

    (5) If after reviewing the record, the individual believes that the record is incorrect or incomplete, it is the individual’s responsibility to contact the agency submitting that part of the record in question. It then will be the responsibility of that agency to determine the merit of the assertion, to make any and all corrections or deletions that may be required, and to notify FDLE of any corrections or deletions.

    (6) If, after an individual reviews his own criminal history record as authorized in Rule 11C-8.001, F.A.C., the agency and the individual are unable to resolve their differences as to what that portion of the person’s record ought to contain or if, more particularly, the agency responsible for the portion of the record in issue refuses to correct its own records or to advise FDLE to correct or supplement the state records in accordance with the individual’s wishes, then the administrative review procedures set out in paragraphs (7) and (8) below, as appropriate, shall be followed.

    (7) If the agency responsible for the portion of the record in issue is subject to the Florida Administrative Procedures Act Chapter 120, F.S., the individual may initiate and the agency shall submit itself to administrative adjudication and judicial review of the issue in accordance with the Act, and Section 943.056(2), F.S.

    (8) If the agency responsible for the portion of the record in issue is not subject to the Florida Administrative Procedures Act, the individual shall petition the agency in writing to convene a special hearing panel for the purpose of conducting an informal hearing. Such panel shall consist of one panelist nominated by the individual, one panelist nominated by the agency and a presiding panelist mutually agreeable to the other two panelists. If within ten days after the petition is filed no third panelist has been agreed upon or has agreed to serve, a third member of the panel will be appointed by the Executive Director, FDLE. Thereafter:
    (a) Within twenty days after the petition is filed, the agency shall make written answer to the allegations in the petition, attaching thereto copies of such official records as it deems necessary to support its refusal or to controvert the petitioner’s allegations.

    (b) Within thirty days after the petition is filed, the special hearing panel shall convene at a place provided by the agency and at such time as is not inconvenient to the members of the panel, the agency and the individual.

    (c) The special hearing panel shall consider the petition, answer, other written documents, official records, oral arguments, and such other information or testimony as either the agency or the individual deems pertinent, material or relevant. The special hearing panel may request and the agency and individual shall provide such additional non-privileged affidavits, statements, answers to interrogatories and copies of documents and records as are necessary to the resolution of the issues.

    (d) The individual shall have the burden of proving by substantial competent evidence that the criminal history record information contained in the agency’s records or submitted by the agency to FDLE is incorrect or incomplete. However, upon failure of the agency to answer the petition, to answer the individual’s interrogatories or reasonable requests for other non-privileged written materials or copies of records, or to otherwise proceed in good faith hereunder, the burden shall shift to the agency.

    (e) The special hearing panel, after consideration of all evidence and materials submitted to it and upon the agreement of at least two panelists, shall make tentative written findings of fact and conclusions of law, shall make a tentative but specific finding as to how the individual’s record ought to be corrected or supplemented, if at all, and shall certify its findings to the individual and the agency. Default and summary findings are authorized in the event either party unreasonably refuses to proceed in good faith hereunder.

    (f) Within ten days of receipt of the tentative findings, the individual or agency shall serve their written exceptions upon the other party and each member of the panel. Thereafter, the panel shall reconvene for the purpose of considering only the prior record, the written exceptions, timely written responses thereto, and such additional evidence as any member of the panel may demand of either the agency or the individual. The tentative findings described in paragraph 11C-8.001(8)(e), F.A.C., may be modified as a majority of the members of the panel may deem appropriate, and shall become the final administrative findings of fact and law. The special panel shall be deemed to have concluded its business when its final findings are certified to the agency, the individual, and FDLE. The record of proceedings hereunder shall be retained by the presiding panelist but may be copied by either party as necessary for appropriate review.

    (g) A party who has been adversely affected by the findings of the special hearing panel may, within ten days of receipt of the final administrative findings of fact and law, petition the Executive Director of FDLE for review of such findings. Review by the Executive Director shall be confined to the record transmitted. In the event no such petition is filed by either party, the agency and FDLE shall conform their respective criminal history records in accordance with the final findings of the panel.

    (h) The Executive Director, upon review of the record shall make known the findings to the individual, the agency, and the presiding panelist in writing within thirty days after the filing of the petition for review. In the event the Executive Director is in agreement with the final findings of the special hearing panel, the Executive Director’s determination shall so state and may adopt said findings; however, should the Executive Director reach a contrary result, he shall state with specificity the reason therefor.

    (i) Unless within fifteen days after rendition of the Executive Director’s final findings, either the agency or the individual notifies FDLE of its filing of suit to seek judicial review, the agency and FDLE shall forthwith conform their respective criminal history records in accordance with the Executive Director’s findings. In the event timely notice is received that judicial review has been initiated, the records in issue shall remain unchanged pending the outcome of the judicial review.
    (9) Proceedings under subsection 11C-8.001(8), F.A.C., shall be as informal as fairness and principles of due process will allow. However, the special hearing panel may disregard or discount evidence which is without credibility, materiality, pertinency, or relevancy. As the interests of justice and fairness may require, it may counsel and assist in the presentation of a more effective case by either party. The panel shall synopsize its own rulings and oral testimony before it and reduce it to writing.

    Specific Authority 943.03(4), 943.05(2)(d), 943.056 FS. Law Implemented 943.056 FS. History–New 6-24-76, Amended 11-12-81, Formerly 11C-8.01, Amended 7-7-99.

  6. #6
    Join Date
    Jul 2010
    Posts
    16

    Default Re: Law Enforcement Altering Plea Agreement

    Thank you kind sir. I have been trying to find this particular protocol which has evaded me up until now. I have indeed contacted FDLE and they instructed me to contact the prisons because they say that where they got it from. But I informed them, that couldnt be possible considering they have control over the prison database so any information can be added or removed by them. I did however tell them that the information is in the Broward county clerk of courts and the disposition is public record. They said to me to get a copy of the document and fax it to them and they will review it. I have tried numerous times to contact the clerk of courts but they havent returned my calls. Do you think I need to type out a letter and notarize it then send it to them so that its documented? I am in awe that FDLE is making go through this considering they have carte blanche access to the clerk of courts database and can easily get the information.

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