Sir_Winston54
Assume the position!
- Joined
- Jul 15, 2004
- Posts
- 14,027
Okay, so this guy is just a couple of years out of prison, is on probation, and gets busted for selling cocaine within a thousand feet of a church (ups it from a 15-year felony to a 30-year felony to be within a thousand feet of a church or school). He seems convinced, though both the State Attorney and *his* (paid) attorney, along with the Judge, are telling him that there is no way on God's green earth that the Judge *can* legally do it, that the Judge will *reinstate* his probation (of which he only has 6 months left). Finally, he gets convinced that no matter how fast he talks, how much he whines, he's going to go back to prison for a while. During the (negotiated) plea colloquy, the following:
Oy vey... there are *so* many times I'm glad I didn't go to law school... but I have to laugh at some of the things these guys say.
Oh. He could have gotten 5 years for the violation of probation *alone.* His final sentence: 50.25 months, or just over 4 years, for *everything.* With gain time and time already served in the county jail awaiting the VOP hearing and trial on the new charge, he'll be out in just over 3 years. I figure he'll be back in court within 6 months to a year after that.
THE COURT: Sir, your new case is 08-CF-xxxx, a felony first is reduced to a felony second, delivery of a controlled substance, punishable by up to fifteen (15) years Florida State Prison and a ten thousand dollar ($10,000.00) fine. Count Two is a felony third, possession of cocaine, punishable by up to five (5) years in prison and a five thousand dollar ($5,000.00) fine. Count Three is possession of drug paraphernalia, punishable by up to three-sixty-four (364) Xxxxx County jail. How do you plead to the new charges, sir?
MR. DEFENDANT: [pause] I guess guilty, sir.
THE COURT: You sure?
MR. DEFENDANT: [pause][dejected voice]Yes.
=+=+=+
THE COURT: Sir, are you satisfied with the services of your attorney?
MR. DEFENDANT: No comment, sir.
THE COURT: Why not?
MR. DEFENDANT: I just don’t have any.
THE COURT: Well, sir, the attorney’s not always the bearer of good news, you understand that? You understand that, sir?
MR. DEFENDANT: Yes, sir. I just don’t have any comments.
THE COURT: Everything that Mr. DefenseAttorney said before this Court is true, sir. Unfortunately, it’s not in your favor. You understand that?
MR. DEFENDANT: Yes, sir.
THE COURT: Do you have any specific complaints about him?
MR. DEFENDANT: No comment, sir.
THE COURT: Okay.
MR. DEFENDANT: [pause] I guess guilty, sir.
THE COURT: You sure?
MR. DEFENDANT: [pause][dejected voice]Yes.
=+=+=+
THE COURT: Sir, are you satisfied with the services of your attorney?
MR. DEFENDANT: No comment, sir.
THE COURT: Why not?
MR. DEFENDANT: I just don’t have any.
THE COURT: Well, sir, the attorney’s not always the bearer of good news, you understand that? You understand that, sir?
MR. DEFENDANT: Yes, sir. I just don’t have any comments.
THE COURT: Everything that Mr. DefenseAttorney said before this Court is true, sir. Unfortunately, it’s not in your favor. You understand that?
MR. DEFENDANT: Yes, sir.
THE COURT: Do you have any specific complaints about him?
MR. DEFENDANT: No comment, sir.
THE COURT: Okay.
Oy vey... there are *so* many times I'm glad I didn't go to law school... but I have to laugh at some of the things these guys say.
Oh. He could have gotten 5 years for the violation of probation *alone.* His final sentence: 50.25 months, or just over 4 years, for *everything.* With gain time and time already served in the county jail awaiting the VOP hearing and trial on the new charge, he'll be out in just over 3 years. I figure he'll be back in court within 6 months to a year after that.
