Legal Question in Criminal Law in Florida

Plea Bargain

My son was rearrested two years after being released from prison and accepted a plea bargain which came to 10 years and 10 years probation. He was facing a possible 90 years for 5 burglaries. He now wants to get a trial and take his chances. Can this be done? Also can there be an appeal made to shorten the probation time?


Asked on 1/15/07, 7:54 am

2 Answers from Attorneys
Valerie Masters Valerie Masters, P.A.

Re: Plea Bargain

no he cant change his mind anymore than the state could now change its mind and revoke the plea.

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Answered on 1/15/07, 9:16 am
Scott Cupp Law Office of Scott H. Cupp, LLC

Re: Plea Bargain

How long ago did he enter his plea? If it is within 60 days he may file a motion to mitigate the sentence.

The only way to withdraw his plea is to file a motion for post-conviction relief pursuant to rule 3.850. It is hard to find grounds but that is his only avenue to seek a new trial.

You can call my office tomorrow and I will discuss this with you/him and quote you a fee.

Scott H. Cupp

Law Office of Scott H. Cupp, LLC

West Palm Beach, FL

"Handling criminal cases across Florida for over 20 years"

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Answered on 1/15/07, 9:46 am


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