Miami, FL asked in Criminal Law for Florida

Q: I wanted to know my son was charged with 3counts of aggravated battery with a firearm once he sat in county jail for 3yr

Never went inside the court room until he took the plea offered was 15yrs 10 mandatory 5probation. After the credit time it left him with 12yrs. Now i need to know can his charges be changed to att 2nd degree murder when it was never mentioned for 3yrs. Also with that time what will be his release date.

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1 Lawyer Answer
Roger P. Foley
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Answered
  • Criminal Law Lawyer
  • West Palm Beach, FL
  • Licensed in Florida

A: Something happened during the course of three years. Somebody went to court. His presence may have been waived. It is a serious charge. He should have received a copy of his discovery, discussed issues with his attorney about the case, been shown a score sheet and asked whether he accepted the offer or not. If you look at the docket online you will be able to see what occurred. Court dates range from 30- 90 days between court appearances.

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