Can a private attorney mitigate the outrageous offer the state has put on the table.

Asked over 1 year ago - Naples, FL

My son is being charged with several 1st degree white collar felony's in Collier. He had a PD who recently went into private practice and left. It has been 15 months since being charged. He is in jail since Sept. for violating bond. His judge retired in Dec so he has a new judge. At a sounding today the state bumped up their offer from 10 yrs to 20 yrs since he and his PD were not accepting of his prior offer. My son has mental health issues and has tried for downward departure in mental health court. State attorney is not budging on anything including full restitution. My son has never reviewed any discovery with the PD. He is 22 and has up until this series of events had no priors. New judge is looking to wrap up this case by March. Can anything be done to help the situation?

Attorney answers (7)

  1. Amber Hill

    Pro

    Contributor Level 14

    15

    Lawyers agree

    Answered . It sounds like your son may have some mitigating circumstances. You should consult with an attorney asap.

  2. Colleen M. Glenn

    Pro

    Contributor Level 17

    12

    Lawyers agree

    Answered . If there are mental health issues his attorney should have him evaluated. The evaluating drs can then testify on his behalf. Also the need for restitution is also a reason for a downward departure. Please see florida statute 921.0026. http://www.flsenate.gov/Laws/Statutes/2012/921....
    www.colleenglenn.com

  3. Jonathan Hackworth

    Pro

    Contributor Level 16

    11

    Lawyers agree

    Answered . Potentially. My firm offers free case consultations in these matters. Our office number is 813 830 2261. Good luck

    This answer does not, nor is it intended to, create an attorney-client relationship or constitute attorney... more
  4. John Skyler Riordan

    Contributor Level 17

    10

    Lawyers agree

    Answered . The answer is possibly. There are many unknown factors and variables that will ultimately determine the final plea. Charges of this nature are expensive to defend. Please feel free to call my office for a free phone consultation. I handle white collar defense throughout the state in both state and federal court.

    John S Riordan, Esq.
    West Palm Beach, FL
    (561) 886-2620

    John S. Riordan, Esq., is a partner with Kelley, Kronenberg, Gilmartin, Fichtel, Wander, Bamdas, Eskalyo &... more
  5. Christopher Hayden Brown

    Pro

    Contributor Level 12

    7

    Lawyers agree

    Answered . I am a Naples criminal defense attorney. My firm has handled many white collar cases throughout SWFla. You can check my profile and firm site for more info. The answer to your questions is "possibly," as my colleagues have stated. It is harder to give a more definite answer without reviewing the evidence in your son's case and talking to the prosecutor. I assume your son's case was previously in front of Judge Baker? He was a good judge, but fortunately, he has been replaced by another good judge in Judge Manalich. Your son's lack of prior record is a huge help. At 22 he is aweful young but just outside the range for "youthful offender" sanctions. However, as others have mentioned there may be mental mitigation or an actual mental state defense if his illness had something to do with the crime he is accused of. I would be happy to give you a consultation, look at his discovery and visit with him in the jail if you want to contact me. My office is located a block away from the courthouse, around the corner from the jail. My last thought is I wonder if the victim feels the same way about the restitution as the State does?

    I am not your lawyer. This answer is general information based on what you laid out in your question and that alone.
  6. James W Chandler

    Pro

    Contributor Level 14

    6

    Lawyers agree

    Answered . In short...sometimes. Private attorneys do not always guarantee a certain result, nor can we ethically guarantee any outcome of any case. I am aware of the situation your son is in. Unfortunately time is not on his side as the case is getting old. As a Naples criminal Defense Attorney, I am happy to offer a free consultation, to speak about how we may be able to assist.

  7. Ralph F. Guerra

    Contributor Level 10

    3

    Lawyers agree

    Answered . A private attorney will not be able mitigate the State's offer. The fact is, defendant's are not entitled to plea offers. The State can make offers, withdraw offers and up offers at anytime. Typically, the prosecutor will make offers and if they are not accepted within a certain time period, they will withdraw them or up them.
    A mental health evaluation will not help with the State's offer. Mitigation at sentencing regarding mental health or your son's ability to appreciate the what he did, (there are many enumerated mitigating factors for judge's to consider), but they really function to allow for possible justification for a downward departure sentence. Your son will have a 'felony score sheet' that will display a minimum permissible sentence. To go below that, you would have to demonstrate the mental issues, etc. Obviously, your son has been charged with a first degree felony. He may have valid defenses, you can call me if you like, I was a former Chief White-Collar crimes prosecutor.

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