Legal Question in Criminal Law in Florida

I took a 2 year prison plea in a case where if I took it to trial the minimum mandatory was 5 years. My charges are identity theft of over 15 people, computer use with the intent to defraud, and grand theft of over 20,000 but less than 100,000. However, I am not completly satisfied with the way in which my attorney handled my case. By all means he did not make any promises. I had already admitted guilt in a sworn statement when I was being investigated. he was with me and instructed me to do this. I suffer from various mental health issues such as ptsd, major depression, anxiety, as well as insomnia and a survivor of domestic violence. Initially he told me that he would gather all of my health records but he never did. Subsequently he told me he did know what kind of defense he could offer. so I took the deal and they gave me 90 days to allow me to get my now 6 month old son situated. I'm a first time offender and I come from a good family home with values. I think that years of suffering with my issues drove me to a point where I thought I was losing my mind. It was then I sought help from my physician and learned of all the things that have been plaguing me. I was raped by my next door neighbor at the at of 13. He had aids so go figure. My point is I don't even think he spent 3 years in prison. I have been fortunate to be a survival of this disease for 21 years and God has blessed me with a beautiful son that turned out to be negative. I feel like I'm in a fight for my life here and don't know if there is anything else that can be done. Court is this wednesday for sentencing. Looking for any last minute help. Is there any type of defense for mental health defects other than insanity. I'm know what I did was wrong and don't deny that but there were so many factors and issues i was dealing with at the time leading up to the crime I committed.


Asked on 6/25/12, 9:18 pm

1 Answer from Attorneys
Craig Epifanio Craig Epifanio, P.A.

No attorney on here is going to be able to offer you a quick fix here. You have an attorney. Explain everything that you just posted and see if your attorney can do anything about it. You haven't been sentenced and when you do, you may be able to bring all these things up to help your case. Again, speak to your attorney for advice, not some random attorney on this forum who knows nothing about you or your case. It sounds like your attorney is working hard for you in spite of everything since 2 years when faced with a minimum mandatory of 5 years is usually pretty good. But don't take what I'm saying as what your case should be: only your assigned attorney knows that answer. Good luck.

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Answered on 6/25/12, 9:52 pm


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