Legal Question in Criminal Law in Florida

My husband is currently in prison in GA on a 3 year sentence. He has a pending case in Florida where the D.A. has agreed to a concurrent 3 year sentence. Can he plea in absentia in Florida seeing that he's in prison here in Georgia? His public defender said that an in absentia for misdemeanors could not be done if a circuit court judge is behind it, therefore leaving the options of taking the concurrent plea or awaiting extradition upon parole to go to trial. At this point we just want him home ASAP, felony or not, because he already is a convicted felon. Any advice would be greatly appreciated!


Asked on 6/19/12, 8:05 pm

1 Answer from Attorneys
Craig Epifanio Craig Epifanio, P.A.

You need to speak with his public defender who has more details about the case than any attorney on here. For a felony charge, matters are not usually done in abstentia. However, the judge has discretion to accept misdemeanor charges in abstentia and sentence accordingly. Again, your public defender should have the answer.

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Answered on 6/20/12, 8:46 am


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