Legal Question in Criminal Law in Florida

If there is a ruling in a Miami Dade County Criminal Court, and a plea offer is accepted by the defendant, to whom can the defendant then argue the case to reduce sentence?

In this case, there was a risk assessment and thorough evaluation performed on defendant (with Bi Polar, and mental health records from 2002) which was going to be completed end of October, and prosecutor for case declined to consider evaluation in the offer, and forced defendant to take a plea before evaluations completion.


Asked on 10/15/09, 10:53 pm

1 Answer from Attorneys
Brent Rose The Orsini & Rose Law Firm

The defendant must argue the case before the same judge or division (under a ruled called 3.800). Rarely are these motions granted, though, when the defendant accepts a deal. After all, why should the defendant be able to break a deal made between him and the prosecutor? And no one is "forced" to take a plea by the prosecutor. The defendant always has the option of going to trial.

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Answered on 10/15/09, 10:58 pm


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