Police Affadavit incorrect

[jl66mercedes]

What is the name of your state (only U.S. law)? Florida

Number of convictions incorrect... should I have my attorney amend the affadavit before going to my first appearance in court... or does it not need to be addressed due to we have my record to show the facts. My concern is leading up to going to court the judge and prosecutor will be under false pretense that I have numerous more convictions of the same offense.
My attorney has not depositioned the cop thus far....

Please advise...What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

 

[seniorjudge]

The judge will not see the report until AFTER you are found guilty or plead guilty.

If you are being charged as a repeat offender and that is incorrect, then the charge should be amended.

Your lawyer will explain all this to you.

 

[jl66mercedes]

Could you explain what an police officer affadavit is? and I would think the prosecutor would want to see this going into court? Confused.....

 

[seniorjudge]

Could you explain what an police officer affadavit is? and I would think the prosecutor would want to see this going into court? Confused.....

The general definition of an affidavit is a sworn statement of facts for some purpose or the other.

Without seeing the affidavit, I could not tell you more.

You need to discuss this with your lawyer.

 

[jl66mercedes]

Why would this attorney not be concerned on having it amended? He indicates that the prosecutor is aware of less offenses...that sounds silly...

Would the officer need to have any involvement in having the affadavit amended? Where would this attorney have it amended? Do I need to be there?

Thank you so much....

 

[jl66mercedes]

Field sobriety awaiting response

My friend, blew a 1.0 in the breathalyzer machine.... that is not much, however, I realize it is illegal. What is your opinion on hiring a field sobriety expert? he looked fine in the video, looked like a pretty solid pass... however, an attorney feels the officer did not perform/execute the tests correctly. My friend is unsure if he should due to the breathalzyer already against his favor.,..

 

[FlyingRon]

1.0% BAC is an impossible number. I've never seen higher than 0.42. People tend to fall over and die in the mid twenties.

 

[jl66mercedes]

Oops!

.10 was the BAC

 

[Zigner]

.10 was the BAC

.10 is a large amount...

 

[jl66mercedes]

Please advise.. to earlier questions

Please advise to my earlier question's...

Thank you

 

[CdwJava]

An affidavit ... and affidavit for WHAT?

The police generally do not prepare sentencing reports, so an "affidavit" concerning your criminal history (or alleged history) is not usually something they would be involved in.

So, exactly what is this affidavit?

And if the police report lists the number of priors being wrong, then point this out to your attorney. if it changes the offenses for which you have been charged, he can make the proper motions in court to amend the charges or have them dismissed.

- Carl