first offense, single mother of 3, disabled (not qualified for gov disability though), one count possession of a dangerous drug, public defender offered "deal" of 10years serve 5 & hasn't been heard from since, previous charge of shoplifting only, no income, legal caretaker of elderly adult
Violent Crime Lawyer
If you are not happy with your public defender, the only thing you can really do is retain a private attorney. Many offer payment plans. Good Luck.
http://defendme.net | For confidential answers on Florida law, call 1.877.452.9457. Attorney James Regan, LL.M, Esq., is a Florida lawyer answering questions pro bono. Answering these consumer questions based on limited and unverified facts does not create an attorney-client relationship. Being posted on the internet, these questions and answers are not confidential. For confidential answers on Florida law, call 1.800.452.9357.
1 lawyer agrees
Criminal Defense Attorney
The defense attorney (and public defenders are defense attorneys) does not "offer a deal" -- the prosecutor does and the defense attorney presents the State's offer to the defendant for their consideration. Just because you change attorneys does not mean the prosecutor is going to change their evaluation of the case against you. Many times a more experienced defense attorney knows more about what the prosecutor is looking for to reduce the State's evaluation of punishment than less experienced attorney might, but once the prosecutor has a figure in mind, it is awfully hard to get them to come off that figure. You stated that this was a single count of drug possession but there are a wide variation of amounts that still constitute mere possession and some drugs are considered more "scary" to citizens in a community than others. Also, if the shoplifting was a felony shoplifting this would make your second felony conviction. Try to talk to your public defender and see if you all can determine why the prosecutor feels you should be imprisioned for five years -- it might even be based on the particular judge's parameters in the prosecutor's courtroom. In most of the courtrooms I frequent, the courts and prosecutors are non-pulsed, and sometimes ticked off, by the defendant claiming how many people are relying on them not going to jail -- their come-back is usually that the defendant put their family at risk by the defendant making the decision to break the law and the court is just following the law that gives them the authority to punish law-breakers.
DISCLAIMER: This is a general interest posting on a public website, regarding general legal concepts. This posting is not, and should not be interpreted to be legal advice to anyone, or to create an attorney client relationship between the poster and anyone. There is no way the amount of information in a website posting could be sufficient for the poster to provide informed legal advice. If you have legal questions pertaining to your situation, you should discuss them with an attorney, in person, and in sufficient detail for that attorney to provide you with confidential, competent legal advice.