Legal Question in Criminal Law in Florida

does a defense attorney and prosecutor have to agree that an issue is despository?


Asked on 9/29/09, 6:22 pm

3 Answers from Attorneys
Brent Rose The Orsini & Rose Law Firm

No, the final decision is up to the judge.

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Answered on 9/29/09, 6:36 pm
Richard Hornsby Richard E. Hornsby, P.A.

If it is going to be a negotiated plea, then yes, they do.

If it is a Nolo Contendere plea to the bench, then the judge has to agree.

If it is a Guilty plea, it only matters that the Appellate Court finds the matter dispositive.

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Answered on 9/29/09, 6:40 pm
Don Waggoner Don Waggoner Law, P.A.

And the word is dispositive, not depository.

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Answered on 9/30/09, 7:24 am


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