Legal Question in Criminal Law in Florida
does a defense attorney and prosecutor have to agree that an issue is despository?
Asked on 9/29/09, 6:22 pm
3 Answers from Attorneys
Brent Rose
The Orsini & Rose Law Firm
No, the final decision is up to the judge.
Answered on 9/29/09, 6:36 pm
Richard Hornsby
Richard E. Hornsby, P.A.
If it is going to be a negotiated plea, then yes, they do.
If it is a Nolo Contendere plea to the bench, then the judge has to agree.
If it is a Guilty plea, it only matters that the Appellate Court finds the matter dispositive.
Answered on 9/29/09, 6:40 pm
Don Waggoner
Don Waggoner Law, P.A.
And the word is dispositive, not depository.
Answered on 9/30/09, 7:24 am
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