Full question:
I have a friend who recently turned 18 and recently got in trouble with the Tampa police on 11/14/2010 for the first time. He was charged with obstruction of an officer (he ran on foot from the officer. misdemeanor. Class M1) criminal mischief over $1000 (felony. Class F3). He got caught doing graffiti on a building. I am in the army reserves; my question is could I appear with my friend to court in uniform, and plead no contest? (What should he plead, is pleading no contest what you recommend?) I plan on pleading with the judge to excuse the charges, in result my friend will join the army reserves under my supervision and a recruiter's supervision (should I get the recruiter also to appear in uniform?). I plan on informing the judge if my friend doesn't keep his word to give him the maximum punishment. I would also let the judge know that my friend is surrounded by bad influences and is a victim of his environment. By dropping the charges he could join the army, get away from these bad characters, and change his life. Does the judge have the power to drop the charges, and what is the likely hold that he would do so? My friend's parents are very well off, but disowned and kicked him out for no apparent reason two years ago while he was still in high school. He has been living with a friend in their closet room; it's roughly 6 by 7 feet. While living there, he has involuntarily surrounded himself with older horrible influences. Getting him out of this setting is the only way to truly change the kid's life. I am not a recruiter but am very close to recruiters, who would work with me in this case. What advice do you have, to help our cause? Any specific word choices to use, documentations to bring, etc?
- Category: Criminal
- Subcategory: Sentences
- Date:
- State: Florida
Answer:
The judge will decide if you can speak at the hearing. You can prepare character references for your friend to present to the court. A no contest plea has the same legal consequences as a guilty plea but does not admit guilt for other purposes. However, it may need to be disclosed on some applications, such as for employment or insurance. Both guilty and no contest pleas can result in a conviction on the record. If your friend didn't intend to commit a crime, a not guilty plea might be more appropriate.
Typically, it's advisable to plead not guilty at the arraignment, even if your friend feels guilty. This allows time to consult with a lawyer. A guilty plea can be entered later, but changing from guilty to not guilty is usually not allowed unless there was coercion or misconduct.
In some cases, a judge may grant deferred or withheld adjudication, which means if your friend meets certain probation conditions, the charges could be dismissed. This would allow him to answer 'no' if asked about a prior conviction.
It's important for your friend to appear on time, dress appropriately, and address the court respectfully. Keep answers brief and to the point. We recommend consulting with a local attorney who can provide tailored advice and negotiate with the prosecutor.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.