Take plea or go to trial?

Asked 12 months ago - Zephyrhills, FL

I'm facing a fleeing to elude charge. PTI denied. Public defender asked for reduced charge, denied. State's attorney denied request to reduce because of written admission that the arresting officer claimed would help. He claimed they would look favorably on me for cooperating. I have no priors. State's attorney is asking for 2 year probation and 2 year revocation. I'm concerned about the rights I will lose permanently over this.

Additional information

The only witness is the officer. The only evidence is the dashcam video. The officer stated that they could not tell who was driving, only the gender.

Attorney answers (6)

  1. Michael Adam Haber

    Pro

    Contributor Level 20

    17

    Lawyers agree

    Answered . I think that while Avvo (and similar sites) are wonderful sources of generic information there is no substitute for an in person face-to-face consultation with a criminal defense practicioner.

    First, anything that you post on Avvo (or similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, and as this is an open forum there is no attorney client privilege attached, so be careful (forewarned is forearmed.)

    Second, the facts and circumstances surrounding each case (including yours), and each Defendant (including you) is /are different, and every case is also a fluid experience. Moreover, each of Florida's 20 judicial circuits, each State Attorney, each assistant prosecutor and each Judge are also unique. In addition to this factual combination of "free radicals", you are essentially asking for a lawyer to render advise relying solely upon your written / typed question without the necessary benefit of knowing the other side of the story (i.e. without reading the probable cause statement, police reports, witness statements, etc - in short without knowing the quality of the evidence against you).

    While there is some advise that I can offer you, this factual combination of "free radicals" renders internet speculation by lawyers (like me) less reliable - and more dangerous - than that which might be "seen" by your average fortune teller. (Lawyers, unlike divinators, are regulated by a code of ethics, and I like to believe that most of us take our oaths seriously.)

    That said, about all I can tell you is that many factors can effect your case and no one is in a better position to consider it and offer advise thereupon than your own lawyer. Respectfully, if you are not happy with your lawyer or with his advise, or if you want a 2nd opinion, then go get one..... in person.

    Although I practice primarily in Miami-Dade County you are welcome to contact my office for a referral or two, or you can search the Florida Association of Criminal Defense Lawyers website by locality (please see http://www.facdl.org/ - and click on the "Find A Lawyer" tab).

    Either way best of luck!

  2. Megan Blancho

    Pro

    Contributor Level 8

    14

    Lawyers agree

    1

    Answered . If you have no prior record accepting a plea that results in a felony conviction will have lasting impact on your life. Depending on the particulars of your case (if the video is an aggravating factor at sentencing) the judge may or may not sentence you to something harsher than what is being offered. Review the discovery, your guidelines, the offer, and your options in detail before making a decision.

  3. Harry Edward Hudson Jr

    Contributor Level 20

    16

    Lawyers agree

    Answered . Then you should discuss the advantages of going to trial with your attorney who has the reports and should know what the witnesses are going to say, what the likely result would be if you went to trial and lost.

    The above is not intended as legal advice. The response does not constitute the creation of an attorney client... more
  4. John M. Kaman

    Pro

    Contributor Level 20

    13

    Lawyers agree

    Answered . Only your attorney, who has access to the whole file, can advise you on this one. If you don't have an attorney get one and , in the meantime, take no deal.

  5. Dean George Tsourakis

    Pro

    Contributor Level 20

    7

    Lawyers agree

    Answered . you should never admit anything on the internet. it may be able to be traced back to you and used against you.
    What is shown on the dash cam video? are you recognizable? Was the car registered in your name? how can they prove that yoou were the driver? those are all considerations in your decision

  6. Michael Brainard Hines

    Contributor Level 6

    7

    Lawyers agree

    Answered . I agree with my colleagues - there is no substitute for an in person consultation with local counsel. I'm also concerned about the "written admission" you mention. A defendant's admission to committing the crime he or she is charged with is often the most damning evidence in a case. All the more reason to hire an attorney; there may be grounds to exclude your written admission, if one indeed exists. Good luck.

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