Legal Question in Criminal Law in Florida
I was charged with home invasion robbery 3 yrs ago and am currently out on bond. I was in jail on a different charge in Virginia for 10 months of the 3 years, but have been home for the last 2 years. My family and I have been through hell waiting with the possibility of prison, one postponement after another until now. The Judge says that he wants this case off his docket and I have recently discovered that the State does not have a case, due to the fact that the victims /homeowners were asked in a sworn deposition if they knew why I was at their home and they said that I was yelling and demanding my property back from their son and who admitted having had one piece of my property. THE FACT IS THAT THEIR SON ROBBED ME AT A MOTEL WHILE I WAS SLEEPING and someone who knew him saw him with my property and offered to take me to his house to get my property back and while at his house around 11:30pm an altercation took place were his Dad hit me over the head with a metal object cracking my scull and causing a brain injury to me I spent 3 days in the ICU at the hospital and over 20,000.00 dollars in medical bills and still ongoing problems caused by my injury. There was no intent on my part as far as a home invasion robbery goes and my public defender feels that the state cannot make a case for the charge of home invasion robbery, but seeing that I was in their home and did not leave until I was injured they could make a case for a burglary that would carry the same kind of prison sentence. � SO MY QUESTION IS� can the State after 3 yrs change the charge? And if they can would I have to be recharged? Or would they just amend the charge somehow? And seeing that I have another pretrial in a week and my trial a is set for next month, if the State decides that they want to change the charge to something else that they could have a better chance on winning, when would they need to make their intentions known to me? Before the trial? Or the day of the trial? And if they change the charge or recharge me with a different charge would I be given time to prepare to defend myself for the new charges? My public defender wants me to plead guilty to some kind of felony and take about 3 yrs prison and not risk the state changing the charges to something that they could win and then I could possibly get 15 yrs, so far I have had 2 Attorneys say yes the state can change the charges and 2 other Attorneys say that they cannot change the charge due to the statute of limitations and one of them is supposed to be one of the best, gave me some kind of law book reference. I may have written it down incorrectly, 523 So. 2d 644 THE SOUTHERN 2nd FL Supreme court Brief�s. I WOULD LIKE TO KNOW FOR SURE CAN THE STATE CHANGE THE CHARGE AFTER 3 YEARS?
1 Answer from Attorneys
Instead of trying to get as much free advice from multiple attorneys, spend some money and hire an attorney. This is your freedom we're talking about. How much is that worth to you? If you don't have the money for an attorney, then get the public defender and ask them. Your question is not something that any attorney can answer on this forum. Spend the time and money to actually sit down and hire an attorney that way you don't have to go on here or make blind phone calls and get different answers. My best advice is to hire someone you trust. Good luck.
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