Marc F. Plotnick’s Answers

Marc F. Plotnick

Saint Petersburg Criminal Defense Attorney.

Contributor Level 9
  1. What is the punishment and possible sentence for felony robbery

    Answered over 5 years ago.

    1. Lori Doganiero Palmieri
    2. Marc F. Plotnick
    3. Gregory Maurice Wagner
    3 lawyer answers

    Based upon your question, it appears that you are asking what is the penalty for first degree robbery and third degree grand theft. If this is the case, the maximum possible sentence for first degree robbery is 30 years and for third degree grand theft, 5 years. If this is armed robbery and the alleged weapon is a firearm (an armed robbery carries with it the possibility of a life sentence), then it falls within the 10-20-Life Statute and there are minimum-mandatory penalties depending upon...

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  2. POINT SYSTEM USED IN FLORIDA

    Answered almost 6 years ago.

    1. Darren Mark Finebloom
    2. Marc F. Plotnick
    3. Varinia Van Ness
    3 lawyer answers

    The previous answer by Attorney Finebloom is right on target and the link probably has all the information that is sought by this question. What I wish to add is that regardless of what one scores, the Assistant State Attorney can request and the Judge can sentence an offender up to the statutory maximum regardless of the scoresheet tally. A typical scenario of such is if a defendant gets a felony driving on a suspended license (DWLSR) charge as their primary offense. A felony DLWSR is a...

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  3. Battery on elderly in Florida

    Answered over 5 years ago.

    1. Marc F. Plotnick
    2. Aaron J. Slavin
    3 lawyer answers

    Generally, after an arrest has been made, if a defendant is out of custody, the State will hold a felony Invest - in which the alleged victim, witnesses and the officer attend - this is usually done in a case where a defendant is out of custody in 2-6 weeks. After that, the State will decided what charges, if any, to file against a defendant. All of the information that you provided may be useful for an attorney attempting to get the State to file a "No Information" in your case. If the...

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  4. Battery on elderly in Florida

    Answered over 5 years ago.

    1. Marc F. Plotnick
    2. Aaron J. Slavin
    3 lawyer answers

    If you have no priors, you would score non-state prison. This is a third degree felony and claissified as a level four, which would score you 22 points. You may 4 points for "slight injury points." To score mandatory prison, one must score 44 points or more. However, on a third degree penalty, the permissible level for a court to sentence a defendant is up to five years incarceration in the Department of Corrections. Additionally, the statute states that one charged with this offense, must...

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  5. 3rd Degree Grand Theft Sentence

    Answered over 5 years ago.

    1. Marc F. Plotnick
    2. Aaron J. Slavin
    2 lawyer answers

    Generally, someone with no prior record who is charged with Grand Theft, is looking at a probationary sentence so that they can pay back restitution to the alleged victim. That individual may also be eligible for a diversionary program, such as Pretrial Intervention. You should contact an attorney in the Broward County area and discuss your case with him/her.

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  6. Careless driving ticket in Florida

    Answered over 5 years ago.

    1. Marc F. Plotnick
    2. John M. Kaman
    3. Aaron J. Slavin
    3 lawyer answers

    The officer may have cited you with careless driving because he/she was unable to capture your speed with radar or laser and was thus unable to cite you for unlawful speed. Section 316.1925, Fla. Stat. (careless driving) is a very vague statute and sometimes can be fought against based upon that ground. If you are more worried about the points than actually "fighting" the ticket at an infraction hearing, then an attorney may also be able to assist you in getting a withhold (and getting no...

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  7. Convicted Murderer

    Answered over 5 years ago.

    1. Don Waggoner
    2. Marc F. Plotnick
    3. Philippe Matthey
    4. Corey Ira Cohen
    4 lawyer answers

    Like Mr. Waggoner, I would need to know additional information. I assume that you mean that someone you know was convicted in circuit court in the State of Florida of such an offense. Subsequently, this individual likely appealed his/her conviction and thereafer the Florida Supreme Court upheld his/her conviction, finding no reversible error. If this is the case, one avenue that may still be open to him/her is raising constitutional claims at the federal level. Additionally, if this were a...

    3 lawyers agreed with this answer

  8. Fraud accusation, to get money?

    Answered over 5 years ago.

    1. Marc F. Plotnick
    2. Harris W Gilbert
    2 lawyer answers

    It does not appear that he has any claim to stand behind; however, I would need to know additional information. Furthermore, it sounds as if he may be committing extortion (blackmail) against you and/or your family. Extortion is a criminal offense and if he is actively committing this offense against you and/or your family, you may want to contact law enforcement.

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  9. Wrongly accused

    Answered over 5 years ago.

    1. Marc F. Plotnick
    2. Don Waggoner
    2 lawyer answers

    This charge is likely "criminal mischief" and yes, the charges do not have to be filed for a while, as the State Attorney's Office can file them anytime within the applicable statute of limitations, which depends upon the amount of damage to the vehicle and thus the degree of the charge, anywhere from a 2nd degree misdemeanor to a third degree felony. If after a short period of time you have not been arrested for this offense, then the police agency likely forwarded the charge to the State...

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  10. Speeding / Traffic Ticket

    Answered over 5 years ago.

    1. Marc F. Plotnick
    2. Richard Adam Sichta
    2 lawyer answers

    If no one saw you driving the vehicle, then you should be able to successfully defend against this careless driving infraction. There has to be a "wheel witness" who saw you driving and also to testify that you drove carelessly. Even if you later admitted to the officer that you were driving the vehicle, there may not be the "corpus delicti" of an offense - it must be proven that a crime has occurred before an admission alone can be held to be sufficient evidence to prove one's guilt beyond a...

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