Legal Question in Criminal Law in Florida

fraud on court

2/20/07 I was arrested for

DUI. illegally parked in a lot, passed

out w/keys in ignition. Cops unable

to wake me up they used amonia

inhalant. I was on depression and

bipolar medication

So I had a PD, they charged me with

a 1st offense, I told the PD I had a

prior in MD, she told the DA and they

reset the court date so the DA could

do their research. back to court

2weeks later, and the DA brought

the same thing to the table, no

priors, first offense.

At that time the PD said they

obviously didn't do their job or they

have nothing showing you have a

prior. So I plead guilty to 1st offense

dui, under the assumption there was

no connections between the states

so I swore to no priors. Dumb, I

know, I was under the

impression that it meant no priors in

FL, not the nation.

Last wk I get a notice to appear for

the states motion to vacate my

sentence, reset me as a 2nd off, and

consider criminal proceed for fraud.

Can they do that, bring back a case

like that, when they didn't do their

research in the first place? Not

blaming anyone, but should they

take some respon..for it. The DHSMV

records showed no priors either

What am I facing and is there

anyway around


Asked on 6/14/07, 4:20 am

1 Answer from Attorneys
Valerie Masters Valerie Masters, P.A.

Re: fraud on court

I agree with you. It was their resposibility. Plus, your attorney told the da! If you swore under oath you had no priors they could get you for perjury but the plea in my opinion is closed.

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Answered on 6/14/07, 4:46 pm


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