Legal Question in Criminal Law in Florida

Sounds like a case that will need witness depositions, and possibly a trial if the State Attorney is not willing to negotiate.

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I will speak in terms of generalities, because I do not know who the specifics of your son's case, the State Attorney prosecuting, or even the jurisdiction we are talking about. However some generalities apply:

First, your son is looking at three years because his trafficking charge carries a "minimum mandatory" of three years in prison. This is because the lawmakers have written into the statute books that if you son pleads straight to his charge, he must get the three years at the minimum. There are only two ways around that: 1. The Judge can in very narrow circumstances depart from the guidelines, and 2. The State can choose to depart or reduce your son's charge. This option is the more likely scenario.

However, while the State Attorney can depart from the guidelines, whenever she feels like it, she usually will not unless she is put in a position where she is afraid she may lose the case. Prosecutors want convictions. Prosecutors do not want to lose at trial. So, if she is being unreceptive to the defense attorney's attempt to play "nice", then the defense attorney must change tactics and start to litigate.

That means motions, depositions, and preparing the case for trial.Throughout this process the State Attorney will be made aware of how weak the case is (if again, the case is truly weak). This puts the State Attorney in a position where she can go to trial, and possible lose altogether, or she can try to deal with the defense attorney.

It is not uncommon for a State Attorney in Florida to say "no deals" at the beginning of the case but then change her mind after the defense attorney litigates the case thoroughly. It is equally common for the State Attorney to make a deal morning of trial when they realize the defense is "serious" about taking the case to trial. It is important that the defense attorney do a thorough job pretrial if the goal is to get a proper deal/ dismissal of the case.

Ultimately, if the State will not deal, then it is up to your son to decide if he wishes to proceed with trial. If he wins, he goes directly home, and is exhonerated by a jury of his peers. If he loses, then the Judge will sentence him accordingly.

Chris

Denmon & Denmon Trial Lawyers