Legal Question in Criminal Law in Florida

can a state attorney fail to abide by a verbal plea agreement in florida

a relative entered a nolo contendre based on his attorney telling him there was an agreement with the state. The state attorney in court did not abide by it, nor was the plea agreement even read out loud by the judge to confirm. His attorney told him it was never in writing and the state did not have to abide by it. This fact was not revealed until after conviction. We are filing an appeal to withdraw the plea based on the fact that he would have never agreed to the plea if it was not binding. Is there other cases in florida to refer to in his brief? Thank you


Asked on 2/22/11, 5:26 pm

1 Answer from Attorneys

Craig Epifanio Craig Epifanio, P.A.

Your attorney knows this case the best. Talk to them about this. It would be unethical for another attorney to offer advice in this situation.

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Answered on 2/23/11, 12:53 pm


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