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the charge was hit and run with property damage more than $50.00. The following morning I took pictures of the mailbox hanging about 2 inches into the road way. The owner had already reinstalled the mailbox but, the report showed $150 in damage
What follows may or may not be what you want to read.Unfortunately, I cannot tell you what plea to enter. That constitutes legal advice and you will need to retain a local attorney for that matter. However, I can provide the following invaluable information.
This sounds like a violation of 316.063, F.S. However, 316.063, F.S. makes no reference to value exceeding $50. The following assumes this statute is what the subject matter revolves around. http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0316/SEC063.HTM&Title=->2009->Ch0316->Section%20063#0316.063A violation of 316.063, F.S. is a misdemeanor of the second degree punishable by up to 60 days in jail and up to a $500 fine.You will want to retain an attorney to assist you with this matter. If you are convicted, plead guilty, or plead nolo contendre, an expungement will not be available. Your attorney may be able to find grounds on which to build a defense (though your admissions to the police may inhibit that). Alternatively, your attorney may be able to negotiate a deferred prosecution requiring a fine, probation, and ultimately resulting in the charges being dropped. If the charges are dropped, they can typically be expunged at a later date.You will want to discuss these possibilities with your attorney.If you need additional clarification of this response, please ask a follow-up question and I will be happy to clarify.Sincerely, T
A deferred prosecution or withheld adjudication is an arrangement between the state and the defendant. Usually, this involves an agreement whereby the defendant pays a fine and serves a probationary period. After the probationary period is completed, the state typically drops the charges. Because the case of disposed of in this manner, a defendant can typically seek to expunge the record at a later date.
If you qualify for a public defender, your public defender can handle such negotiations. However, public defenders are typically overworked, making private attorneys preferable. If you believe you will want to partake of a public defender's services, you'll want to contact your local public defender's office to inquire as to the requirements so as to ensure that you qualify for such assistance. You will also want to inquire about the fees involved, as public defenders are usually not entirely free.Sincerely, T
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