Legal Question in Criminal Law in Florida

Changing Charges

If you have an on going case with the states attorney is the states attorney allowed to change the charges without the approval of the victims or are the allowed to offer a plea to someone with out the victims approval?


Asked on 1/04/05, 2:06 pm

2 Answers from Attorneys

Dan Akes C. Daniel Akes, Attorney at Law

Re: Changing Charges

If you have an on going case with the states attorney is the states attorney allowed to change the charges without the approval of the victims

Yes

or are the allowed to offer a plea to someone with out the victims approval?

Yes

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Answered on 1/04/05, 3:18 pm
Valerie Masters Valerie Masters, P.A.

Re: Changing Charges

There is a difference between vicim notification and victim approval. The State changes, upfiles, and downfiles charges all the time and usually notifies the victim. I believe the State is required to notify a victim of a plea, and always discusses the plea with the victim. The State always wants the victims agreement and approval with the plea. I do not think the law requires victim approval, just victim notification. However I have almost never seen a prosecutor go against a victim's wishes.

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Answered on 1/04/05, 3:31 pm


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