Legal Question in Criminal Law in Florida

i have been charged with fraud-swindle financial institute, 3rd degree felony grand theft over 300 and under 5000 and identity theft. can someone tell me if it is possible for me to ask for probation. i have a background. 1 charge of grand theft 3rd degree and 2 counts of uttering forged instrument back in 2003. served 2 years probation that was completed. i also got in trouble in 2005 for 6 other charges but they was declined and dismissed, so i don't think they can be counted, since it wad declined. if it can, let me know. i would like to know after reading this, i have calculated on the punishment score sheet, i don't score more the 44 points for prison, do i have a great chance of instead of taking it to trial to just plea out and receive probation, let me know. thanks.


Asked on 10/24/12, 12:57 am

1 Answer from Attorneys
Eric Trabin Lucid Legal, PLLC

You can always ask for probation. Having the prior felonies, which are also theft/fraud related, will not help. What works to your advantage is often the State is more interested in getting restitution and so they will sometimes offer probation as a way to ensure that restitution gets paid.

It is impossible to know the pros and cons of going to trial without knowing the specific facts of the case. You should hire a lawyer to examine all the evidence in order to have a better idea of whether or not to go to trial, or by the very least, use it to negotiate the best possible plea.

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Answered on 10/24/12, 2:22 pm


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