Legal Question in Criminal Law in Florida

husband has leaving scene of accident with injury case going. the person had a knee injury and was seen jumping around 2 weeks later fine. now they are stating back and shoulder issues. victim states restitution should be 10k. they do not want probation and restitution and want jail time. is that up to the victim or can the state make a deal. there were talks about probation and all of a sudden not due to them not wanting restitution. is all this possible


Asked on 9/19/16, 11:26 am

1 Answer from Attorneys

Eric Trabin Lucid Legal, PLLC

Anything is possible at this point. The victim has a right to provide input and express what he or she would like to see happen on the case. Of course, the victim is not the prosecutor's client and therefore the prosecutor can still agree to a resolution that the victim does not approve.If there's going to be an agreement as to the outcome, prosecutors usually want there to be an agreement on restitution too. If the victim were smart, they would have an attorney to pursue a personal injury claim through the insurance company; they'd probably get more money out of it. Unfortunately even if the restitution should be a lot lower, that doesn't change the relative guilt or innocence for the actual charge. The prosecutor may try to entice your husband by making a better plea offer in exchange for an agreement as to the restitution. Do your husband a favor and hire him an attorney!

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Answered on 9/19/16, 11:52 am


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