Legal Question in Criminal Law in Florida

I want to know how I could go about going back to court to get my case retried with a jury. I plead guilty to my charges the state filed againgst me during my arraignment because I was scared of going to jail. I am and was pregnant at the time and very close to my due date, and feared going to jail and not having my baby. Is there anyway I could go back to court to get the charges dropped or get a jury trial? Also, if I were able to pursue the matter, may the consequences be more worse than they are now? I am currently serving, 1 yr probation, and 75 hrs of community service, and paying $500+ in court fines.

-There also isnt any substantial evidence of me stealing (such as video) or bystander, I was just an accomplice to the crime.


Asked on 8/02/09, 10:16 am

1 Answer from Attorneys
Richard Hornsby Richard E. Hornsby, P.A.

If it is still within thirty days of the date of your plea, you can file a motion to withdraw your plea. If it is more than thirty days, then you have two years from the date of your conviction to file a Motion for Post-Conviction relief alleging sufficient grounds to support a finding that your plea was involuntary.

As for your evidentiary points; your case may not be as strong as you think. First, under Florida law an accomplice is just as guilty as the principal. Second, the State does not need video or bystanders to prove the case, only one person (usually a loss prevention officer) to say they saw you take an item or assist someone in taking an item. Finally, I bet your co-defendant already plead. If that is the case, the co-defendant can be forced to testify against you.

Read more
Answered on 8/16/09, 11:03 pm


Related Questions & Answers

More Criminal Law questions and answers in Florida