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:
It will be up to the judge whether you will be allowed to speak at the hearing. You can write character references for the defendant, along with any other references he may have, to bring as letters of reference for the court to read. A no contest plea has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
A nolo contendre plea in a criminal case may not be used against the same person in a civil suit based on the same facts. Therefore, if you were sued later in civil court for damages, it would not be used as an admission of guilt. However, it may be required to be disclosed on certain applications, such as an employment or insurance application. Both a gulty plea and no contest plea may appear on your record as a conviction. If it was accidental and no criminal intent was involved, a not guilty plea may be made.
Unless there is a very good reason to do otherwise, a plea at arraignment is typically recommended to be “not guilty”. Even if a defendant feels he is guilty, he should still plead not guilty until after an opportunity to consult with a lawyer or think it over. A guilty plea can always be entered later. A defendant has the right at almost any time to change his or her plea from “not guilty” to “guilty.” It is not usually possible, however, to change from a guilty plea to a not guilty plea. Once a guilty plea is entered, it usually is permanent. Usually, to be allowed to change a guilty plea, it must be shown that there was coercion, deception, or other misconduct that prevented a voluntary plea from being made.
In some cases a judge will grant a deferred or withheld adjudication, which imposes certain probationary conditions to a dismissal of the charges. If the defendant successfully completes the terms of probation, and the charges are then dismissed, that person can truthfully answer no if asked whether he/she was ever convicted of that crime.
Generally, it is recommended that a defendant appear on time, dress appropriately, address the court with respect, don’t interrupt the judge, and keep answers brief and to the point. We are prohibited from giving legal advice, such as how to plea or what to say at a hearing. We suggest that he consult with a local attorney who can review all the facts and circumstances involved. An attorney who is familiar with the intricacies of the law and the local court will be in the best position to make a recommendation on a plea or negotiate a plea bargain 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.
