Legal Question in Criminal Law in Florida

I am scheduled for a plea hearing soon. I have been offered a 2 year prison sentence by the state attorney. My attorney attempted to ask for a plea before the judge but the state attorney will not agree to this. I basically admitted guilt and confessed to what i did during the initial investigation based on my attorneys advice, therefore i dont think i have a chance with a trial. I have a 3 month old son that i love dearly and dont want to be away from him. my crime was a nonviolent crime and ive never been in trouble before. i suffer from ptsd and depression stemming from when i was raped at 13 years old by my next door neighbor who intentionally transmitted hiv to me. I believe he only served about 3 years in prison for this. although it's been 20 years i still have a hard time with this. i also during this time was going through a divorce and getting out of a very abusive situation. a few months before the crime i felt myself kinda spiralling downhill mentally cause i wasnt sleeping, i was very depressed, and not myself. I finally went in to see my primary doctor and she referred me to a mental health specialist and that's when i first heard the term ptsd in my situation. Do i have a defense to my crime for mental illness.


Asked on 3/23/12, 6:52 am

1 Answer from Attorneys
Burt Stutchin Harris & Stutchin

I am sorry to hear of the troubles you have had. You do not give enough details about your present offense. The state attorney cannot stop you from pleading directly to the judge; you have a right to do this. However, you must plead to all of the charges and your sentence will be completely up to the judge's discretion (as long as it is below the statutory maximum limit). What do you score out to on the Florida Criminal Punishment Code Scoresheet? You may be entitled to a downward modification based upon mental illness. I handle Lee, Collier, Charlotte, Hendry and Glades Counties. Is your case in any of these?

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Answered on 3/23/12, 7:23 am


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