Can a charge be adjusted after a plea has been taken and completed in florida

Asked almost 3 years ago - Orlando, FL

in 2007 I was charged with poss. of an unauthorized I.D. 322.212(1). They said it was a felony so I hired a lawyer immediately, becuase I did not want to be in serious trouble about it. The i.d. was in distress and slightly altered (It was scratched and scuffed and the butt of a "6" looked like a "5") but It was an actual id from florida. I feel they lawyer could have pressed for a 322.212 (5b) which is a misdeamnor and more appropriate. The case was on 11/30/2007 and recently I've been trying to join the army. Can Anything be done by a court to change the degree or reopen the case to do so? The recruiter told me that they would not accept me with any type of felony ( w/hold of adjudication or not)

Attorney answers (2)

  1. Stewart Valencia

    Contributor Level 14

    Answered . Unfortunately, the judge does not have that type of authority in this type of situation. The only entity with the authority to do something like this is the State Attorney. In these types of situations, unless you allege that your attorney was ineffective, the only recourse you have is to reach out to the State Attorney and see if they would be willing to help. Candidly, that is rare, but in a situation where a former defendant is attempting to get into the armed services, they might be amenable to helping you out. You will definitely need an attorney to handle the communications, and the negotiations. Good luck.

  2. Brian Silber

    Contributor Level 12

    Answered . the only option would be to negotiate a special deal with prosecutors. i have seen this situation before.

    under Florida law, you have two years from the date your sentence is imposed to motion to reopen your case for a slew of different reasons. even if you could reopen, the inability to go into the Army may be considered a collateral consequence, which would not entitled you to reopen.

    however, given how minor this offense is and the fact that it probably should have been a misdemeanor, prosecutors may be convinced to stipulate to reopening the case, amending the charge to a misdemeanor, and you taking an immediate plea to close the case out so you can go into the army.

    no promises, but this is the only way i could see it happening. keep in mind, that prosecutors may tell you no way, the case is old, and too bad.

    i guess this call comes down to how bad you want to be in the Army. if i was in your shoes, i would try.

    call me if you are interested: 954-462-3636

    - Brian Silber, Esq.

    www.defense-florida.com
    Serving All of Florida

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