Legal Question in Criminal Law in Florida

I have a current open misdemeanor case for trespassing and petty theft. I have received a plea offer for community something or other... a step down from probation that once completed in one years time I would have all charges dropped. At this point, no discovery has been submitted and to the best of my knowledge no witnesses. I want to know if I should take this to trial. What is the statue of limitation on these misdemeanor crimes in Florida, and how should I proceed.


Asked on 2/08/10, 12:38 pm

1 Answer from Attorneys

Craig Epifanio Craig Epifanio, P.A.

First, there is no statute of limitations issue since they have already started prosecuting you. It sounds like they are offering pretrial diversion, aka, pretrial intervention which can be a good deal if you want to do that. As far as whether you should go to trial, the general rule is, if you didn't do it, then go to trial, and if you did, do you think the state can prove it. You are not going to get discovery unless you have an attorney. Which is a good idea in this case if you are even considering a trial.

Read more
Answered on 2/13/10, 6:11 pm


Related Questions & Answers

More Criminal Law questions and answers in Florida