Legal Question in Criminal Law in Florida

5 years in doc on FTA

my husband took 2 possession charges and 2 intent to sell charges to trial, they added an FTA at the last min. He was found not guilty of all drug charges but sentenced a max of 5 years for the FTA. How can they give him a max on charges hes was not guilty on? I know hes going to appeal. Any other choices??


Asked on 2/08/08, 10:50 am

3 Answers from Attorneys
Brent Rose The Orsini & Rose Law Firm

Re: 5 years in doc on FTA

The failure to appear statute, 843.15, doesn't contain any exception for when the defendant is not guilty of the charge he or she failed to appear on. If the defendant didn't appear, he didn't appear, and he can be found guiltly even though he is innocent of the charge that brought him to court in the first place.

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Answered on 2/10/08, 9:06 am
Brent Rose The Orsini & Rose Law Firm

Re: 5 years in doc on FTA

The failure to appear statute, 843.15, doesn't contain any exception for when the defendant is not guilty of the charge he or she failed to appear on. If the defendant didn't appear, he didn't appear, and he can be found guiltly even though he is innocent of the charge that brought him to court in the first place.

Read more
Answered on 2/10/08, 9:06 am
Brent Rose The Orsini & Rose Law Firm

Re: 5 years in doc on FTA

The failure to appear statute, 843.15, doesn't contain any exception for when the defendant is not guilty of the charge he or she failed to appear on. If the defendant didn't appear, he didn't appear, and he can be found guiltly even though he is innocent of the charge that brought him to court in the first place.

Read more
Answered on 2/10/08, 9:06 am


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