Legal Question in Criminal Law in Florida

what am I looking at?

I am out of jail on two felony bonds. The first was for delivery of cocaine, the second was for attempted burglary. I score out at 45 with a past record and prison time. I have an arraignment for the attempted burglary soon. I was falsely accused of this crime. At first I was just detained. Do I have any chance of getting this case dropped? Do you think they will just revoke my bond and detain me right there? The delivery charge, I actually had the lawyer looking at 18 months or even getting it dismissed b/c there is no longer a witness and the police reports are conflicting. DO I have a chance in hell? Or should I just give up?


Asked on 6/25/07, 11:39 am

3 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: what am I looking at?

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such nformation, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

I would never suggest that anyone charged with a crime "just give up". Allow your attorney to take discovery and make a valid determination as to your chances. Your attorney will then be able to give you a better idea of what you are facing. Of course, nobody can accurately predict what an unknown jury will do when presented with the evidence.

Scott R. Jay, Esq.

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Answered on 6/25/07, 11:39 pm
Scott Cupp Law Office of Scott H. Cupp, LLC

Re: what am I looking at?

It is difficult to say what you are looking at without sitting down and looking at your discovery and your scoresheet and speaking to the prosecutor. Having said that you definitely should not "give up", you will regret later that you did not aggressively and patiently explore all your options. If the attempted burglary case is not going anywhere you may well be allowed to stay out on your bond. Take things one step at a time and even if you are returned to custody don't automatically accept an offer that sends you to prison just because you get discouraged and want to "get it over with." I have post-conviction clients all the time that regret that they didn't slow down and carefully explore ALL their options prior to accepting the state's plea offer. If you're not satisfied with your attorney's advice look at consulting another one.

Good luck and try to stay calm and patient.

Scott H. Cupp

Law Office of Scott H. Cupp, LLC

West Palm Beach, FL

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Answered on 6/25/07, 12:00 pm
Valerie Masters Valerie Masters, P.A.

Re: what am I looking at?

Never give up! They may file a motion to revoke your bond, and the judge could detain you simply because they have a new charge. I would fight if you falsely accused. Pls call me if you want a fighter.

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Answered on 6/25/07, 12:09 pm


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