Legal Question in Criminal Law in Florida

Withholding of evidence

I pleaded nolo contendere to Organize Fraud. No criminal history. The evidence was circumstancial, according to my lawyer. I plead because my lawyer told me that I was looking at 5 years if I lost at trial. My total offense level was 36 points. Adjudication was withheld and I agreed to pay $143k resctitution. $125kTo AMEX and $17k to Orange and Seminole counties for investigative costs. I spoke with the person who gave them the information, (they arrested this person and found 10 couterfieted credit cards on him and he told them I had made them) he told me that during his deposition he told the officers that I did not make all the credit cards. In the discovery the transcript of the deposition was incomplete and other evidence had not been disclosed. I believe this evidence to be exculpatory. How do I find out what was on the rest of the deposition. Can I motion to vacate this sentence based on evidence withheld. They make reference to it in the deposition but is not in the discovery.


Asked on 3/01/00, 1:07 pm

1 Answer from Attorneys
Brigette Ffolkes Ffolkes Law Office

Re: Withholding of evidence

You should be able to order a complete copy of the deposition from the court reporter who transcribed it.

Also, I don't know how long ago you were sentenced but you may still be able to challege the validity of the plea agreement by filing a motion for post-conviction relief. Recognize that were such a motion granted it would re-open your whole case anew. Such a move must be carefully evaluated based on, among other things, the specific details of your case.

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Answered on 3/14/00, 9:09 am


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