Legal Question in Criminal Law in Florida

could you re open a criminal case..?

i would like to know if 24 cases could be reopen after its been close since Nov.2006 and some 2005. when it was never taken to trial in front of no jury. and the person confessed in written paper and audio that he did the crime. all cases include, robbery,occupied and un occupied,dwell, curtl, possessions of drugs and many more things. they sentence him 10yrs. please let me know. thanks


Asked on 9/18/08, 11:50 am

3 Answers from Attorneys
Matthew Z. Martell Law Office of Matthew Z. Martell, P.A.

Re: could you re open a criminal case..?

No you cannot re-open a criminal case. It is called double jeopardy. It is a legal term and it means you can't be prosecuted for the same criminal offense(s) twice. The idea behind it is to prevent malicious prosecution.

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Answered on 9/18/08, 12:00 pm
Valerie Masters Valerie Masters, P.A.

Re: could you re open a criminal case..?

If there was no jury then he plead guilty and those can only be reopened under very limited circumstances. So the answer is really no.

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Answered on 9/18/08, 12:06 pm
Joseph Vredevelt Best Vredevelt & Associates

Re: could you re open a criminal case..?

Well, from my understanding you pled guilty, that's why you didn't have a trial. The judge should have gone over that with you before excepting your guilty plea. The judge should have also spoken with your attorney and discussed the reasons for the plea and if it was a legitimate plea before allowing it to be done. If that did not happen you may have the ammunition needed to reopen the case, however, you then need to look at the statute of limitations for reopening the case on those grounds.

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Answered on 9/18/08, 5:51 pm


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