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Megan's law

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T

THarris12

Guest
Someone I know was accused of attempted lewd and lacivious on a minor. The charges were false, there were many inconsistancies in the persons accusation, that the State of Florida offered my friend 2yrs. probation and no jail time. The public defender that was representing my friend convinced him to take this plea, because if the minor took the stand at trial and started crying he would more than likely be convicted regardless of the strength of the case.
My friend will be sentenced to sex offenders felony probation in January. The problem he is facing is that he has lived in his home for 5 years and is buying it. A "park" was put in a tenth of a mile from his home. Even though this park has only 2 picnic tables and a pavilion.
It is listed as a park, The sign says Nature Preserve. There are never any children in this park playing. The only people that utilize this park is the local teenagers, and then only to drink beer and smoke pot. Is there any way that he can stay in his house. It is really putting a financial burden on him and his family. They own their home they can't just walk away from it, What can they do????
 


R

rrg956

Guest
Tell your friend to hire a private attorney and get rid of the PD. Most PDs are lazy slugs who sit around proccessing plea offers for indigent defendants all day. If you want real action, you pay for it. The new attorney will claim that your friend didn't understand the plea offer, recant the plea and re-open negotiations with the DA. If the PD got the DA to go for 2 yrs. Probation and no jail time, it means that the DA's case is weak. Your new attorney can squeeze the sex offender charge out with a little attorney muscle. Your friend can plead out to anything (assault, Harrassment, etc.) but don't plead to a sex offense, if he does, his life is sh!t forever. Watch the local nightly news long enough and you see sex offenders being run out of neighborhoods by gangs of angry neighbors. Good Luck!

THE FOREGOING MAY NOT BE CONSTRUED AS LEGAL ADVICE
 
L

lawrat

Guest
I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

The new attorney can TRY to say he didn't understand the plea offer, but guess what? Prosecution asks and judge makes sure the defendant understands ALL constitutional aspects of the plea agreement prior to letting it stand.

Now, this park: the best thing: get an attorney to have the original order amended as to this particular "park". The argument used will be mostly of what you stated: nature of the park, people who inhabit. If the attorney can sucessfully argue the original order was too broad/vague as to this park, then your friend has a good chance of staying.


As to the plea itself, perhaps an appeal to plea to a lessor assault charge (happens all the time with sex crimes), might work -- again if the appeal is available.
 

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