Legal Question in Criminal Law in Florida

Misguided Council
Am I able to get my original plea after I already accepted a plea that was misguided by my lawyer. Before sentencing a plea offer was offered, 24 months at 85% (new charge) and 84 months at 65% (VOP). At sentencing my lawyer advised me that I had 5 years credit on the VOP and to lessen time to be served on current incarceration, because of so much credit we are gonna request to take 6 months off of the 24 months and add it to the 84 months to make it 90. Thinking that the 6 months wouldn't make a difference because of all the credited time previosly served I took the deal. Had her calculations been correct there wouldn't be a problem but when I got to DOC it was off by 2 years. So what I am asking is if becuase of my misguided information is there anyway that I can get my original plea back? (I have been locked up for 18 months now.)

Asked on 4/13/09, 8:33 pm

Valerie Masters Valerie Masters, P.A.

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Re: Misguided Council

Yes you could try and withdraw your plea but there is no guarantee you will get a better plea and it is likely you will do worse.

Answered on 4/13/09, 8:49 pm

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