Legal Question in Criminal Law in Florida

About three years ago, I was arrested for DUI and possession of a controlled substance (Cocaine).

I hired an attorney and told him that due to my legal status in the country, I needed the possession charge to be dropped. I told him that we would need to explore every legal avenue available in order to have that charge dismissed. He told me that initially the state was offering a withhold of adjudication and that it was a very generous deal since I had priors. I turned that down and he said he would have to look at the case further.

Low and behold, two months later we show up to court and he tells me that I will plea no contest to the DUI and the state will nolle prosse the possession charge.

I jumped on this deal from the get go. Not that I am complaining, but one thing that always stuck to my head is that he never shared with me what he did to get the state to drop the possession charge. All he said is that he put a stamp on an envelope and sent it to the state.

I guess I equate this to a chef not revealing his recipe for a good dish.

If anybody has any guesses and/or ideas as to how he accomplished this, I am all ears.

--Thanks in advance


Asked on 5/18/11, 10:46 am

1 Answer from Attorneys
Craig Epifanio Craig Epifanio, P.A.

I don't have a specific answer in your situation because EVERY case is different. Negotiations between the state and defense attorney do not have a one size fits all solution. Could be tough negotiating; could be soft negotiating; could be a case weakness; could be an overworked prosecutor; who knows, but more so, who cares. I'd just be happy with the result, which you are, and move on. Unless you become a lawyer, it's not going to be an issue you have to worry about again.

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Answered on 5/18/11, 2:42 pm


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