Legal Question in Criminal Law in Florida
options for filing charges
Brother A stole electronics from Brother B, who reported to police. Brother A arrested for theft, drugs, and selling stolen goods. Can brother B file charges, but request court ordered rehab/mental facility rather than prison? Brother A has been diagnosed with Bi-Polar and Depression, and has been fighting drug and alcohol addiction for years. Are there any options Brother B has to avoid prison for brother A?
2 Answers from Attorneys
Re: options for filing charges
Yes and Yes. The first, the prosecutor must, by law, consult with the victim before making a plea offer. However, that does not mean that the prosecutor and victim have to agree. Therefore, you can ask for therapy and rehab, but if the prosecutor feels your brother deserves prison time or something else, you might get more (worse for your brother) than you anticipated. The ball, in a way, is still in your court because you can decide to not cooperate and the theft charges would not stick at least.
Re: options for filing charges
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
The brother can request anything. It is up to the prosecutor to decide whether or not he/she wants to agree. A prosecutor has the obligation to discuss any plea with a victim anyway.
Please bear in mind that once the complainant/victim reports the crime, it takes on a life of its own. Although prosecution may be difficult without his cooperation, the State can proceed on its own if he decides that he is unhappy with the way the case is going and eventually does not cooperate.
Scott R. Jay, Esq.
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