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Blog · October 31, 2014

Criminal Recrod / Criminal History / Scoresheet / Criminal Punishment Code / Socring Points / Scoring Priors / Plea Offer / AVVO / Michael A. Haber, Esq. **ARRESTED / **305DUI

Q:     I have been in no trouble with the law in the past 17 years, can the Fl point system still use my past record.  I am facing charges in Polk County, Fl. I do have a history but have been clean and out of trouble for 17 years. My PRIVATE lawyer wants me to plead out to five years in prison because I have a past and the state will not work with him to keep me out of prison.

A:     

Locally licensed lawyer

For questions involving state laws, lawyers who are licensed in the same state as the asker are often able to provide more relevant answers than out-of-state lawyers.

For questions involving federal laws (e.g., immigration or patents), this distinction is unimportant.

” href=”http://www.avvo.com/legal-answers/i-have-been-in-no-trouble-with-the-law-in-the-past-1499445.html#!” rel=”nofollow” style=”-webkit-transition: all 0.3s ease; border-bottom-color: rgb(118, 123, 124); border-bottom-style: dotted; border-bottom-width: 1px; border-top-color: rgb(118, 123, 124); border-top-style: dotted; border-top-width: 1px; color: #767b7c; display: inline-block; font-size: 11px; line-height: 1.2em; text-decoration: none; transition: all 0.3s ease;”>Licensed in FL

Michael Adam Haber

Michael HaberLearn more. ” href=”http://www.avvo.com/legal-answers/i-have-been-in-no-trouble-with-the-law-in-the-past-1499445.html#!” rel=”nofollow” style=”-webkit-transition: all 0.3s ease; color: #006699; text-decoration: none; transition: all 0.3s ease;”>PRO

Criminal Defense Attorney – Miami, FL

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Nick Jay Dorsten
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Dean George Tsourakis
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Kristin D Figueroa-Contreras
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Miguel Amador
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Hans Albert Gillinger
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Lawyers agree
Answered . The State cannot score priors over 10 years old, but there is nothing that precludes them from effectively using them against you without regard to the scoresheet. The reason for this is simple: There is no requirement that the State make you any plea offer whatsoever. Accordingly I have 2 thoughts on the matter:

1) Thoroughly discuss the case with your lawyer (not with others of us on line who know less than nothing about the facts and circumstances of you, your case or the other players in your case – i.e. cops, victims, prosecutor, Judge, etcetera) and don’t expect any responsible lawyer to Monday morning quarterback your lawyer’s advise.

2) Discuss the possibility of a plea to the Court. Sometimes (again, I know nothing about you or your case) you can get a better plea out of the Court than the State is willing to offer. You should note that pleaing to the Court is always risky but if the State is offering you the statutory max then you have little to lose.

3) Make sure that your lawyer has fully vetted the various statutory mitigation factors as they may apply to you and your case (see: http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0900-0999/0921/Sections/0921.0026.html

I hope that this has been helpful and wish you good luck!
First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.)

For more than 23 years Michael A. Haber, P.A. has been providing creative, effective and zealous advocacy and counsel in cases ranging from DUI to drug trafficking and from misdemeanors to first degree murder.  

At Michael A. Haber, P.A. “Its all about reasonable doubt”!

Michael A. Haber, Esq. is prepared to speak with you about your case!

1-888-SHARK-8-1, 305-798-2220, **ARRESTED, **305DUI, **MIAMIDUI, **MIAMILAW or **HABERLAW.

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