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  1. #1
    Join Date
    Apr 2012
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    Default Reversing a Plea Bargain to Get a Lesser Punishment

    My question involves criminal law for the state of: Florida

    my daughters 23 year old boyfriend got drunk and did something very stupid after they had a argument and he esponded to a online ad for sex with Mom and daughter and it was a sex sting. He was arrested and released the next day to his father who immediately sent him away for 9 months of rehab (he had been sober for 14 months before this). During this time his father hired a lawyer and the lawyer only spoke to him on the phone and through the rehab counselor. The lawyer negotiated only one plea bargain of 3.6 years in jail (he said down from 5 years) and 10 years probation (and he will always be a registered sex offender). The lawyer told him it was a one time shot or go in front of a jury where he could get the maximum of 10 years in jail. This was his first offense of anything other than one speeding ticket. He actually met the lawyer for the first time the day before court. I know this family very well and believe that he was not given a full explanation of the options (refusing the first plea) as his parents encouraged him to take this and just get it all over with. Since then several other men arrested in the exact same sting with basically his situation (one was 19 and the other 23) who also had no priors records have had much better results. Their records now show Adjudication Withheld and that they have to complete their probation but that if they do they will not have to be registered sex offenders. One other man age 31 had his charges all dropped. Others have been sentenced guilty and others the case is still open. So far the plea deal he took is the most severe punishment of anyone else arrested in this particular sting and yet he only had one charge against him and others had several. We are open to suggestions. Suggesting that my daughter simple remove herself from the situation isn't an option at this time as she believes strongly in his innocence of not being a sex offender and instead just being guilty of relapsing into drinking and behaving stupidly at that time.

  2. #2
    Join Date
    Sep 2011
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    OH10
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    17,019

    Default Re: How to Ask for a Reversal

    The law is sometimes about playing lets make a deal. It is to late to go back and renegotiate.

  3. #3
    Join Date
    Jan 2006
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    38,867

    Default Re: How to Ask for a Reversal

    The lawyer negotiated only one plea bargain of 3.6 years in jail (he said down from 5 years) and 10 years probation (and he will always be a registered sex offender).
    for what? What you described appeared to be a sting for prostitution or solicitation of prostitution. The penalty you posted seems a bit excessive for such a simple charge. What is he charged with?

  4. #4
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    Jan 2012
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    Tacoma, WA
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    Default Re: How to Ask for a Reversal

    Quote Quoting jk
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    for what? What you described appeared to be a sting for prostitution or solicitation of prostitution. The penalty you posted seems a bit excessive for such a simple charge. What is he charged with?
    OP mentioned that the sting set up was for a "mom and daughter." I'm guessing from the penalties mentioned that the "daughter" was advertised as underage.

  5. #5
    Join Date
    Jan 2006
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    38,867

    Default Re: How to Ask for a Reversal

    Quote Quoting PTPD22
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    OP mentioned that the sting set up was for a "mom and daughter." I'm guessing from the penalties mentioned that the "daughter" was advertised as underage.
    Oh, I see how you think. That never crossed my mind.


    Just kidding you of course but that would explain the penalty.

  6. #6

    Default Re: Reversing a Plea Bargain to Get a Lesser Punishment

    Quote Quoting lynn2455
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    The lawyer negotiated only one plea bargain of 3.6 years in jail (he said down from 5 years) and 10 years probation (and he will always be a registered sex offender).
    Contrary to popular belief, defense attorneys aren't in the control seat of plea bargains. The state hold all of those marbles, and can play the ones they want, or can choose not to offer a plea at all. The state is only going to consider offering a deal that gets them the conviction they're seeking, and the stronger a case they have, the less inclined they are to be persuaded by any counter offer or objection of the defense to the deal. Even the best defense attorney on earth isn't going to get a better deal than the state is prepared to offer. As you note, if a defendant doesn't like the deal the state offers, they are absolutely free to exercise their right to bring their case before a jury and potentially face a much harsher penalty.


    The lawyer told him it was a one time shot or go in front of a jury where he could get the maximum of 10 years in jail.
    Absolutely correct.


    This was his first offense of anything other than one speeding ticket.
    Problem is that he lives in Florida. Florida is one of the most notorious states in the country (second only to TX) when it comes to nailing those who commit sexually-based crimes against children. A conviction, ANY conviction, will do. Not having any prior criminal history is the "plus" that even made the deal he was offered possible. If he HAD any prior criminal history, he'd have been offered less, plus registration, or the state would have just brought the case full-bore and potentially sought the maximum penalty.


    He actually met the lawyer for the first time the day before court. I know this family very well and believe that he was not given a full explanation of the options (refusing the first plea) as his parents encouraged him to take this and just get it all over with.
    Before the court would ALLOW him to enter his plea into the record, he would have had to make a statement as part of the record of the case that he understood, agreed to, and had knowledge of the elements and consequences of his plea. If he didn't understand any of it, THAT was the time to have brought it up.

    Since then several other men arrested in the exact same sting with basically his situation (one was 19 and the other 23) who also had no priors records have had much better results. Their records now show Adjudication Withheld and that they have to complete their probation but that if they do they will not have to be registered sex offenders. One other man age 31 had his charges all dropped. Others have been sentenced guilty and others the case is still open.
    His case is his case, and those cases are those cases. They all have different people, different evidence, different circumstances, no matter how similar they might appear.

    So far the plea deal he took is the most severe punishment of anyone else arrested in this particular sting and yet he only had one charge against him and others had several.
    Still not relevent. Without seeing the exact evidence, statements, recordings, etc that the state had in their possession, neither you nor we can possibly opinionate on the strength of those individual cases. Even if we could, and every single element for every defendant was the same, the state isn't required to offer similar deals to everyone charged with similar crimes.


    We are open to suggestions.
    You can hire him a new defense attorney, have that attorney examine the court record to determine if there are grounds for an appeal (but honestly once he ACCEPTED the plea bargain, ADMITTING to the elements of the crime in question, he pretty much sealed his fate as far as the court's sentence unless the sentence was OUTSIDE the allowable range of possible penalties).


    Suggesting that my daughter simple remove herself from the situation isn't an option at this time as she believes strongly in his innocence of not being a sex offender and instead just being guilty of relapsing into drinking and behaving stupidly at that time.
    Why would we make such a suggestion?

    Since you haven't actually asked a QUESTION in your thread, all we can do is give commentary on your statements. Most of your commentary centers around the sentence being overboard. But if the reason for your thread is that something has happened that is impacting your daughter, and you're trying to ask if the way to solve some problem being caused to HER by his conviction is to seek a reduction in his sentence or conviction status, we can't possibly know that without much more information, details, etc.

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