Legal Question in Criminal Law in Florida

When facing second-degree murder charges and the prosecution has no evidence outside of witness testimonies but they are no longer willing to comply. what is the best plea deal in this scenario? is it possible for the charge drops from second-degree murder to voluntary manslaughter? What can you do if your public defender is not doing anything to help your case?

Asked on 7/04/20, 1:39 pm

1 Answer from Attorneys

Eric Trabin Lucid Legal, PLLC

First, and most obviously, get a lawyer. Every case is different and depends on so many details that it’s dangerous to get internet advice. If you or someone you know is facing this charge especially, help yourself out with a lawyer.

Second, witness testimonies are evidence. There is no rule that requires physical evidence, photos, video, fingerprints, or dna. A jury can convict someone based on testimony alone. That might not be possible if the witnesses aren’t willing to cooperate. The state may try to force them to testify so their cooperation doesn’t always matter. Might this be a case that doesn’t need the alleged victim? Possible but not without knowing more details.

Of course it is possible for the charges to be reduced as part of a plea deal or even dropped, but whether that’s likely to happen is another matter. We don’t know enough facts to say. If you think your court appointed lawyer isn’t doing anything you can bring it to the judge who will inquire. Be sure to give specific examples and reasons of what the PD is doing wrong or failing to do. Again

, hire a private attorney if you can.

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Answered on 7/04/20, 5:32 pm

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