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Innocent & screwed

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redfisher

Junior Member
I am 18 live in Florida. I was initially charged with aggravated battery. I had sufficient evidence mainly prosecutor disclosed and photos to prove my innocence at least place a reasonable doubt. The aledged victim 19 passed out from use of drugs and alchohol and could not be awakened by her friend, Out of 8 persons in the house none heard or saw a thing, I have photos taken by another person as to how she could have obtained miner injuries by her own friend. The victims statements to the police were not consitant, the police exagerated the injuries as can be shown by the attending doctors statement (miner injury) also in this same statement she was positive for pot use, I took a drug test 3 days after this incident and shown as negative. After the arraignment the prosecutor offered to reduce the charge to felony battery if I pled guilty. I did not accept. The prosecutor said he will up the charges and take it to Adult court unless I accept the plea. My attorney advised me to take this as a juvenile conviction is better as an adult charge even with a innocent verdict, as this is permanent record. My Mothers health was suffering because of this plus I had just started college that I had worked hard for so, I took the plea felony battery with a recommendation of 2 years probation. The judge changed it to 5 years probation (I will be 23) plus I was to submit fo a permanent record of my DNA and fingerprints. Apparently I am innocent and screwed with a record as an adult anyway. My lawyer got his $13000 for this. Are there any suggestions how to unscrew me a bit?
Thank you
 


redfisher

Junior Member
Actual case and charges

I went to a Friends home for a party around 7.00pm there was nine of us there, I had a few beers, at around 11.00 pm two girls turn up from another party who were reported as already high (shown in the depositions). They drank some more alcohol as admitted in a statement by the girl in question. This girl was also taking citalopram for anxiety (in the examiners report) Every one retired around 2.00am The girl put a blanket around her and passed out on the sofa. I sat for a while watching the TV then went outside to fish of the dock then sleep on the back porch sofa. Around 3.00am her friend came down and tried to waken her and could not (In deposition) There are pictures of her friend on top of her to prove this (this is where I believe when the marks on her neck occurred). Around 4.00 am her friend was in the living room again (photos to show this) No one heard or saw nothing.
Around 6.00am she and her friend left and drove home, She called the police and said that during the night she woke up with me squeezing her neck with both hands. ( police photo shows Ligiture type mark on her left side only) she state that she scratched and bit me. She also states that she woke up outside a sofa (she don’t know how she got there, but she had urinated on the living room sofa) Her bra was undone and pants were off (police statements 1. pants were off 2. pants were around her ankles 3. I was there giving them to her when she woke) Examining doctor report : She was positive for drug use, no sexual act took place, injuries erythematous marks over left side and back of her neck, no edema noted, no evidence of sexual assault, extent of injury minor.
12 Photos of the girl were taken only 2 were supplied in discovery, DNA samples were taken from under her finger nails, results were withheld in discovery. Only two witness out of a possible 8 were taken and both heard or saw nothing.
I wanted to appear in Juvenile court with all his evidence in hand, which was mainly disclosure non consistence evidence. Knowing there was omitted prosecutor evidence that was being withheld; I still felt I would be found innocent. I feel if the further evidence submitted by the prosecutor would support my case.
History: A few days after the party I received a call from the police department Detective notifying me that a complaint was being made, and asked me to come down to them for questioning, to which I agreed. I thought it prudent considering the seriousness of the complaint that I seek legal council. The Atty. advised me not to go until they file a charge, then he would go with me (no charge has ever been filed). I was notified a month later that I was to go to the Department of Juvenile Justice (still not charged). I was told I was here for a speedy trial where I was to plead guilty to Aggravated Battery and they would do a risk analysis to determine a sentence recommendation. I told them
I was not pleading guilty, upon this they dismissed me.
I received a delinquency summons 6th June for charges of Aggravated Battery and to appear in court July 10th.
July 10th I pled not guilty in Court, I then was placed on home detention and sent back again to Department of Juvenile Justice, where once again I declined a speedy trial, so I was just assigned a probation officer.
August 10th The prosecutor said he will reduce the charge to Felony Battery if I plead guilty again I declined. I was to remain on home detention at college (August 11 I was to report to College.)
 

CdwJava

Senior Member
It is nearly impossible to undo a guilty plea. Part of the reason is that you generally have to allocute to the offense as part of the plea (in other words, you have to tell the court that you committed the crime and explain how you did it). Plus, you would have had to agree in writing or verbally that you were not coerced to accept the plea and that you understand the court is not bound by the prosecution's recommendation.

If you want to challenge the plea and go to trial, there is likely a statutory time limit in which you can do this. So, gather together another bucket load of money and contact another attorney and see what they have to say.

- Carl
 

redfisher

Junior Member
Thank you for your input, it was not quite what I wanted to here but, at least it was a considerate answer.
I can not help thinking that if the Duke lacross players had been juveniles at the time of they were charged and their families were not wealthy that they would have been in the same dilema, and justice for them would also not be served. Their case was very similar to mine. Procecuter Mike Nifong, also rushed to accuse and got very minor punishment in comparison to the damage he caused and planned to cause for his own gains. These students can only get some form of justice in civil court, again at their own expense.
As I have experienced the same, I have to believe that this is far from being an isolated case. Is there an justice watchdog group organised to try and stop this injustice.
 

HomeGuru

Senior Member
Thank you for your input, it was not quite what I wanted to here but, at least it was a considerate answer.
I can not help thinking that if the Duke lacross players had been juveniles at the time of they were charged and their families were not wealthy that they would have been in the same dilema, and justice for them would also not be served. Their case was very similar to mine. Procecuter Mike Nifong, also rushed to accuse and got very minor punishment in comparison to the damage he caused and planned to cause for his own gains. These students can only get some form of justice in civil court, again at their own expense.
As I have experienced the same, I have to believe that this is far from being an isolated case. Is there an justice watchdog group organised to try and stop this injustice.
**A: only in Singapore.
 

Tritium

Member
Did you sign something similar to this?

1. I,___, defendant, withdraw my pleas(s) of not guilty and enter plea(s)
of: ( ) Guilty ( ) Nolo Contendere to________F.S._____
2. I, understand that if the Court accepts the plea(s), I give up my right to a trial, and to the following rights: (1) to have a jury determine whether I am guilty or not guilty, or a hearing before a judge if charged with violation of probation; (2) to see and hear the witnesses testify, and to have my lawyer question them for me; (3) to subpoena and present witnesses and items of evidence in my defense, and to present any defense I might have to the jury: (4) to testify or to remain silent; and (5) to require the prosecutor to prove my guilt by admissible evidence beyond a reasonable doubt, or to the satisfaction of the Court_s conscience if charged with violation of probation, before I can be found guilty. I further understand that I give up my right to appeal all matters except the legality of my sentence or this Court_s authority to hear this case. My lawyer has explained to me what an appeal is.
3. I understand that a plea of not guilty denies that I committed the crime(s), a plea of guilty admits that I committed the crime(s), and a plea of nolo contendere says that I do not contest the evidence against me. I understand that if the Court accepts my plea(s) there will be no trial and the Court will impose sentence(s) based upon my plea(s).
4. I have read the information/indictment/warrant in this case and I understand the charge(s) to which I enter my plea(s). My lawyer has explained to me the maximum penalty for the charge(s), the essential elements of the crime(s), and possible defenses to the crime(s). I understand these things. I also understand that if I am on parole, my parole can be revoked and I can be returned to prison to complete that sentence; if I am on probation, my probation can be revoked and I can receive a separate sentence up to the maximum on the probation charge in addition to the sentence imposed in the present case(s). I understand that if I am not a citizen of the United States, I may be deported.
5. No one has promised me anything to get me to enter the plea(s) except as stated herein. The prosecutor has recommended the following:_________
The Judge has promised:___________________________
I understand the maximum penalties for the charge(s) to be_____________________plus maximum fine(s) of_____________________________plus costs up to $500 and restitution, if applicable.
6. I understand that, in addition to the terms in Paragraph 5, I might also be placed on probation and be required to pay $50 per month for costs of supervision.
7. No one has pressured or forced me to enter the plea(s). I am entering the plea(s) because ( ) I believe I am guilty. ( ) I believe it is in my own best interest. I enter the plea(s) voluntarily of my own free will. 27-38 (3/91)
8. I give up my right to have the prosecutor recite to the Court the facts showing my guilt before acceptance of the plea(s).
9. I understand my sentence will be imposed under the Sentencing Guidelines. A guideline cell will be determined based upon my prior record which I have truthfully disclosed to my attorney. I understand that I will not be permitted to withdraw my plea(s) if the correct guideline cell is other than what is presumed at this time. The court can exceed this guideline cell and impose up to the maximum term of incarceration and maximum fine for each offense by stating reasons supported by a preponderance of the evidence. If the Sentencing Guideline is exceeded I will have the right to appeal my sentence.
10. I understand that if I have two or more prior felonies I may receive a sentence of double the time in Paragraph 5, of a life sentence if the maximum is 30 years, in addition to the fine(s).
11. I understand and agree that if the Court permits me to remain at liberty pending sentencing I must notify my lawyer and bondsman or Pre-Trial Release officer of any change of my address or telephone number, and if the Court orders a Pre-Sentence investigation (PSI) and I willfully fail to appear for an appointment with the probation officer for the PSI interview, the Court can revoke my release and place me in jail until the PSI interview has been completed or until my sentencing.
12. I am not under the influence of any drug, medication, or alcohol and I am not suffering from any physical or mental problems at this time which affect my understanding of this plea(s). My education consists of the following:__________________________________
13. I have read every word in this written plea, have discussed it with my lawyer, and fully
understand it. I am fully satisfied with the way my lawyer has handled this case for me. He has done everything I have asked him to do.
SWORN TO, SIGNED AND FILED IN OPEN COURT in the presence of Defense Counsel and Judge this___________day of ___19_. June Smith, Clerk of the Circuit Court and County Court______

Defendant_s Signature
By___________________________________ Address____________________________________
Deputy Clerk in Attendance
__________________________________________
Telephone_________________________________
Social Security No.__________________________

CERTIFICATE OF DEFENDANT_S ATTORNEY AND PROSECUTOR
I, Defendant_s Counsel of Record, certify that: I have discussed this case with defendant, including the nature of the charges, essential elements of each, the evidence against him/her of which I am aware, the possible defense he/she has, the maximum penalty for the charge(s) and the right to appeal. No promises have been made other than as set forth in this plea or on the record. I believe the defendant fully understands this written plea, the consequences of entering it, and that the plea is entered of the defendant_s own free will.
I, the Prosecutor, consent to the plea(s) to lesser charges, if applicable, and confirm the representations in Paragraph 5.
Depending on how long ago this occured, You 'might' be able to withdraw your plea, or at the very least, appeal. In either case, you'll need to show by a preponderance of the evidence. Were you a minor when this occured?

Also, because you have plead guilty, if this girl filed a civil case against you, the admiitance of guilt can be evidence in that case. (A sure win ultimately assuming her damages aren't outrageous... but she'll probably have an attorney that knows enough that she wouldn't need money down to get the ball rolling, unlike yourself. Unfortunately, the court has to determine if your attorney acted in your best interest. Personally, I don't believe a plea bargain is in anyones best interest if they are innocent, unless the prosecuter had an extremely strong case. It seems Florida has many cases like yours as well. Attorney's will charge $10,000-$30,000 and then tell their client to plea bargain. Perhaps the problem is... the attorney acted in your best interest primarily because he's never actually had to fight a case. Thus, your best interest would have been to plead guilty, or get another attorney. But he has to act in his best interest, and that extra $$ will help pay for that new dining for his summer home.

I think you should look at the costs involved in filing, possibly talk to an attorney who deals more specifically with plea retraction. (If that's even a term) He may agree that you presumed that pleading guilty would ultimately get everything done and over with, and your sentence would be no more than what was stated or even presumed by you when signing a document of guilt. You agreed to commit perjury because of your attorneys overwhelming insistance that it was in your best interest.

But I don't always know what I am talking about, so weight your options. If it's simply filing a request of appeal, and you just need to get your point across, you might be capable of making a good arguement. But it never hurts to listen to an attorney's advice from your local area who will have access to more information that would prove helpful.

I do wonder... How many cases the attorney has actually fought. I should look up the statistics on that.

ANY VIEWS AND OPINIONS ARE OF MY OWN, AND SHOULD NOT BE TAKEN AS ACTUAL LEGAL ADVICE. IF THIS HAD BEEN LEGAL ADVICE, SUCH ADVICE WOULD NOT BE GIVEN UNTIL A LEGAL FEE HAD ALREADY BEEN PAID. THANK YOU.
 
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redfisher

Junior Member
Tritium reply

Thanks Tritium, Yes the form is similar, I asked for Nolo Contendere plea but was refused by the state prosecuter. I only had 5 min to review my options with my attorney, where he advised I would be arrested as an adult and jailed. I was a juvenile when I was accused. I knew that pleading guilty was a final plea, and it was under the recommendation of my attorney. But I had just started in university after a year of hard work, and difficulty, and if I screwed this up any hope of a college degree would be lost. My parents went to a lot of cost for college and were willing to pay the cost of trial, as they agreed that the evidence of inoccence is overwhelming. My father tried to talk to my lawyer to point out that the plea bargaining was wrong but was told he should not try acting as a lawyer, and that a plea was in my bset interest.
I would not be on this site if the 2 years recommended probation was accepted instead of the max of 5years. I would still have been angry but I was prepared to live with it, so as I and my parents could get along with our lives. Obtaining plea deals by threat of adult charges happens a lot in Florida, and there have been past attempts to stop it.
Sorry I just needed to vent but thanks again for your input.
 

fairisfair

Senior Member
Thanks Tritium, Yes the form is similar, I asked for Nolo Contendere plea but was refused by the state prosecuter. I only had 5 min to review my options with my attorney, where he advised I would be arrested as an adult and jailed. I was a juvenile when I was accused. I knew that pleading guilty was a final plea, and it was under the recommendation of my attorney. But I had just started in university after a year of hard work, and difficulty, and if I screwed this up any hope of a college degree would be lost. My parents went to a lot of cost for college and were willing to pay the cost of trial, as they agreed that the evidence of inoccence is overwhelming. My father tried to talk to my lawyer to point out that the plea bargaining was wrong but was told he should not try acting as a lawyer, and that a plea was in my bset interest.
I would not be on this site if the 2 years recommended probation was accepted instead of the max of 5years. I would still have been angry but I was prepared to live with it, so as I and my parents could get along with our lives. Obtaining plea deals by threat of adult charges happens a lot in Florida, and there have been past attempts to stop it.
Sorry I just needed to vent but thanks again for your input.
Of course the form is similar you silly boy. They are ALL similar.

You made a bad choice in confessing to a crime you did not commit. Your chances of having that plea reversed are not quite as great as your chances of winning the lottery. Even with a great team of lawyers and a bottomless wallet. Sorry, that is just the simple truth.
 

CJane

Senior Member
Of course the form is similar you silly boy. They are ALL similar.

You made a bad choice in confessing to a crime you did not commit. Your chances of having that plea reversed are not quite as great as your chances of winning the lottery. Even with a great team of lawyers and a bottomless wallet. Sorry, that is just the simple truth.
Think ... Larry Craig...
 

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