Legal Question in Criminal Law in Florida

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

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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.