Legal Question in Criminal Law in Florida

What legal advice would you give to this guy (forgery)?

My friend was recently arrested on a felony charge of passing a counterfeit bill. He is physically similar to the suspect who did it (ergo, probable cause) The only thing is, he didn't do it (I know for a fact because I'm his alibi (he was at my place) and I remember the day clearly. He's never even been into the store where the incident took place. At the deposition the elderly lady (store clerk) told the court guy #5 was the guy, that's him. Of course when it was pointed out that she picked someone differently than who she first picked, she changed it to #3 (my friend) saying, if that's who I picked the first time, that's my story.

Since the lady's less-than confident deposition, the DA has offered him to plead no contest to either misdemeanor trespassing or disorderly conduct. He's actually considering it. He's a post-graduate student with two degrees already, and if he gets convicted of this (it is the South, mind you) he'll never be able to teach or hold certain professional licenses. His 10 years of education would go down the drain. The judge and DA don't care about the fact that he passed a polygraph, since it can't be used at trial.

Would you plead to something you didn't do?

According to the police report the lady initially "without hesitation" pointed to my friend's DL photo from 2003.

He's a hippie-type person who's tapped out from paying for class. He has a public defender. He paid his $5 000 bond, and I helped him pay for his polygraph.

The videotape from the department store has been erased. The cops told him they had him on tape, and when he asked to see it they said they "couldn't reveal case details".

The DA told him (defender) he can get a jury to convict him.

From what I know of law (I'm not a lawyer, or I'd represent him), all that old lady has to do is point her finger in trial and that's all she wrote.

Forget the passed polygraph and forget what the police said about having him on tape. 1)Polygraph is inadmissible. 2)He has been advised not to testify on behalf of himself.

Here's what you have:

1) 71-year-old lady eyewitness

2) No fingerprints

3) No videotape

4) No counterfeit note found on him when arrested or afterwards.

5) No inks, dyes, chemicals found on him.

6)Type of counterfeiting on going problem in tri-county area for almost a year before the incident, yet the incident happened less than one month after he arrived from across the country (Pacific coast)

7) Alibi witness, yours truly (considered weak since we're friends and he was at my place).

1 Answer from Attorneys

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