Legal Question in Criminal Law in Florida

Sex Offense Plea Offer

I was charged with 2 counts of Lewd and Lescivious Battery on a minor under 16 but older than 13. The state only has the victim's testimony and 2 pictures of me that were found on the victim's computer. The testimony has some lies and things that don't quite gel, but people are informing me it really doesn't matter when prosecuting.

The state offered a plea deal of 120 days county jail time and 5 yrs sex offender probation. I've been told this is a great plea bargain, but not sure if I should risk taking this to court. I know if I do I can risk prison time. What are the stipulations under the probation and jail time? Can I be released early from jail or request alternatives to jail time? How bad is the sex offender probation? Will I be able to get through it? Thanks for your help and any advice!


Asked on 7/26/05, 2:42 pm

1 Answer from Attorneys

Gregory McFarlane Gregory A. McFarlane, P.A.

Re: Sex Offense Plea Offer

Without knowing all the facts regarding your case, it is difficult to say that the plea offer is good especially if you do not know what it means to take a plea like this. Without getting into too much detail, I highly recommend that you talk to an attorney most defense attorneys like myself will consult with you at no charge. But you should really talk to an attorney to see what you are getting yourself into before you take this plea.

But to give some general answers - Your obligations on probation will be told to you as part of the plea. It will at least require you to attend counselling and certain classes as well.

You will not be entitled to be released early from jail, but under most circumstances you will recieive gain time.

You can petition the court for early termination of probation - when depends on the Judge, the State and most importantly your probation officer.

Whether you will be able to get through probation will depend on the support structure that you have with friends and family, probation is not easy. Also you should know that if you violate your probation, you will be facing the same amount of prison time on a violation of probation.

I highly recommend you talk to an attorney regarding this matter.

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Answered on 7/26/05, 3:12 pm


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