Skip to content

Call me confidentially at 1-888-

If the State’s Plea Offer is too Harsh & I don’t want to go to Trial what are my Options? ~ Chosen as “Best Answer” by Asker on AVVO ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1

Q:     What are my options when having a sentence determined by a judge?  Currently negotiating a plea bargain with the state of FL. The state is offering a rather harsh deal and I’m curious… Scroll down to read more!

October 26, 2015 / Michael A. Haber /
Q:     What are my options when having a sentence determined by a judge?  Currently negotiating a plea bargain with the state of FL. The state is offering a rather harsh deal and I’m curious about which way a judge could determine my sentence instead. Trial is not favorable, aside from the options of having an arrangement (which the state doesn’t need to agree too) or bench trial. In what way could I have the judge determine my sentence or, if possibly, modify the states offer ?  Thank you.

A:      Chosen as “Best Answer” by Asker on www.AVVO.com
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/what-are-my-options-when-having-a-sentence-determi-2388862.html#!” rel=”nofollow” style=”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

Best Answer
chosen by asker
Answered . You only have 3 choices:

1) Trial;

2) Accept a plea bargain offered by the State; or

3) Please straight up to the court.

In the case of #1, if you win then you walk out of the front door of the courtroom happy, but if you don’t then you get led out of the back door in handcuffs.

In the case of #2, just as no one can force you to accept the State’s plea offer the State cannot be compelled to make you an offer that you find more favorable. Your remedy is to elect not to accept what they have offered and to make a counter offer, which they are then free to accept, reject or themselves counter-offer. The plea bargaining process is sometimes a long-term negotiation and it doesn’t always break in the Defendant’s favor.

In the case of #3 you are gambling because it’s rare that the court will tell you how you will be sanctioned until after you have jumped on the sword. The Judge is free to sentence you anywhere in the guideline range, and that sentence could be below, above or on par with the State’s offer.  Your lawyer should be familiar enough with your Judge’s tendencies and, based upon the relative strengths and weaknesses of your and the State’s cases, as well as considering any potential mitigation that you may have, should be able to advise you accordingly.

Remember that each case, each Judge, each prosecutor and each Defendant are unique and that each has their / it’s own interrelated set of variables which combine and make it difficult – even for a lawyer who is intimately familiar with the facts and players, much less us cyber-lawyers who are operating way on the periphery and know nothing more than your limited proffer – to responsibly make a prediction as to what “will” happen.  (After all we are lawyers not odds-makers.)

I’m sorry but the best advise that I can give you is that you really need to have this discussion with YOUR (caps intentional) lawyer.

I hope that I have been helpful in answering your question.

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.)

At Michael A. Haber, P.A. the goals in representing folks are A) to be honest and realistic about litigation objectives; B) to be fair in regard to fees; C) to be consistently available and responsive to the client (in person, by phone call, text, email, Facebook. Twitter and otherwise); D) to keep the client informed; and E) to secure your positive feedback / client review at the conclusion of each case.



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


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


Cell: 305-798-2220; Office: 305-381-8686; Toll Free: 1-888-SHARK-8-1





THIS BLOG POST (AS ARE ALL OF HABERPA BLOG POSTS) IS A PUBLIC SERVICE ANNOUNCEMENT WHICH IS PRIMARILY DESIGNED, BY WAY OF REAL WORLD EXAMPLE, TO ASSIST THE GENERAL PUBLIC IN AVOIDING CONDUCT WHICH COULD FORESEEABLY RESULT IN ARREST AND PROSECUTION!  


#Webisode #YouTube #VideoFAQ #AVVO #HaberPA #Arrest #Arrested #CriminalLawyer #CriminalLaw #CriminalDefense #CriminalDefenseLawyer #MiamiCriminalDefenseLawyer #CriminalDefenseAttorney #MiamiCriminalDefenseAttorney #CriminalAttorney #DUI #DWI #DrivingUnderTheInfluence #BUI #BoatingUnderTheInfluence #DomesticViolence #DV #DVRO #DomesticViolenceRestrainingOrder #Seal #Expunge #Sealing #Expungement #CriminalRecord #CriminalHistory #PSA #PublicServiceAnnouncement #Plea #Guilty #NotGuilty #NoContest #PleaBargain #PleaNegotiation #Trial #PleaToTheCourt #Mitigation #SentencingGuidelines #ScoreSheet #SentencingScoreSheet

Posted in

Michael A. Haber

At Michael A. Haber, P.A. "it's all about reasonable doubt"! Whether in State or Federal Courts, Michael A. Haber, P.A. strives to ensure that his client's rights are respected and that his clients receive top-tier legal representation and counsel. For more than a quarter of a century I have striven to make Michael A. Haber, P.A. a business that custom tailors its services to meet the needs of the client. This incorporates such things as (but is not limited to) doing my best to meet clients at their convenience (as opposed to mine), in locations and at times which are mutually convenient (sometimes at their homes, places of business, independent ground - having free wifi and excellent coffee any Dunkin Donuts always works for me - and occasionally even at odd hours), structuring fees to reasonably accommodate the parties, making myself personally available to the client as close to 24/7 as is possible and, perhaps most importantly, giving careful and comprehensive consideration to both micro and macro issues in a given case so as to be able to agree upon and effort toward a viable litigation objective. This is why I refer to Michael A. Haber, P.A. proudly providing "boutique criminal defense litigation" (being "a small company that offers highly specialized services"), and this is a large part of Michael A. Haber, P.A.'s mission statement Accordingly, Michael A. Haber, P.A. has provided personalized and boutique legal services to both individuals and entities, primarily in the South Florida area, since 1991. With no history of professional discipline whatsoever, Michael A. Haber, Esq. zealously advocates his client's interests and custom tailors his services to meet each client's particular situation, needs and desires. Toward that end Michael A. Haber, Esq. makes himself directly available to his clients whether in person, over the phone (305-381-8686 or Toll Free 1-888-SHARK-8-1), by cell, verbally or text (305-798-2220), by e-mail ([email protected]) on Facebook ( http://www.facebook.com/haberpa ), on Twittter, (@Sharkjy910) on AOL/IM (Sharky910), and also why I consistently add information to the public on both the Michael A. Haber, P.A. Criminal Michael A Haber PA Criminal DUI Defense Litigation Miami Blog (http://www.habercriminallaw.blogspot.com/) and with my "Webisode" series on YouTube (http://www.youtube.com/c/MichaelHaberLaw), whcih currently features 222 briegf VideoFAQ's on a variety of Criminal Defense, DUI and BUI related topics. When you hire Michael A. Haber, P.A. you get Michael A. Haber, Esq.! And remember, at HaberPA, it's all about reasonable doubt!

Leave a Comment





This site uses Akismet to reduce spam. Learn how your comment data is processed.

12555 Biscayne Boulevard, # 893
North Miami, Florida 33181
Phone: 1-888-742-7581|
Secondary phone: 305-381-8686
Email: sharky910@aol.com

Monday9:00 AM - 5:00 PM
Tuesday9:00 AM - 5:00 PM
Wednesday9:00 AM - 5:00 PM
Thursday9:00 AM - 5:00 PM
Friday9:00 AM - 5:00 PM

  • positive review  Top notch, very skilled, and highly attentive. Mr. Haber is a fantastic criminal defense attorney.

    DrNetta Shaked Avatar DrNetta Shaked
    July 26, 2017

  • positive review  Thanks again. You are second to none when it comes to defending your clients. For that, I thank you

    Leo Gonzalez Avatar Leo Gonzalez
    April 10, 2017

  • Excellence in criminal defense. Very informative And upfront of wiyh your crimanal defense

    Chiko Sarri Avatar Chiko Sarri
    April 11, 2016

Categories

Recent Posts

Archives