Legal Question in Criminal Law in Florida

A plea was offered 7 months ago of 29 years with no minimum mandatory. I rejected it. When the plea was being offered in court, it was stated on the record that the minimum, per sentencing guidelines, that could be imposed was 27.27 years with minimum mandatory if trial was lost. Recently, it was discovered that the prosecution made a mistake and the minimum is really 20.5. Can this misrepresentation of facts, on the record, be used to regain the terms of that plea to accept it? If so, is there a Pro-Se Motion I can file for this or can I use this issue to return on appeal?


Asked on 8/07/19, 7:32 pm

1 Answer from Attorneys
Craig Epifanio Craig Epifanio, P.A.

If you have an attorney then you can't file a pro se motion. With the seriousness of the time you're facing I assume you have an attorney now. There is a good chance that your attorney can now negotiate a better deal but since your attorney knows the facts best, you should ask them.

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Answered on 8/07/19, 7:53 pm


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