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  #1  
Old 03-13-2011, 01:16 PM
jlynn224 jlynn224 is offline
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Unhappy How much time can husband get for armed robbery?!!

Live in Florida, & my husband was hooked on pills. He ended up robbing a pharmacy using a BB gun. How much time could he get? They offered him 5 yrs, but his PD told him not to take it. Plz help... I can't imagine my little boy not having his daddy for 5 yrs.. This is his 1st offense and we were hoping he would get put into a drug rehabilitation prgm??
Thx!!!
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  #2  
Old 03-13-2011, 01:23 PM
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If he's been offered 5 years the laws must be different in Florida....lucky for him. If he were in Georgia he would get a mandatory minimum of 10 years to the DOOR, no good time either.
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Old 03-13-2011, 02:22 PM
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He should listen to his PD who is obviously trying to negotiate a good plea deal, and has reasons for advising him to decline it. He should ask his PD what his PD thinks would be a good plea offer, and what he is likely to get if he is sentenced without a plea offer. Without this information, none of us are going to be much help.

Even if he does get 5 years, he will be home sooner with good time. Try to take your son up to the prison once a month to see him and help him write letters and draw pictures for his Daddy. That will help him stay connected. Hopefully your man will be able to call once or twice a week to talk to your son, so that they can have some private father-son time. He can successfully be a parent and good influence on your son, but both of you will have to work on it.
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Old 03-13-2011, 05:25 PM
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I agree with Lordbew/us. Here in KY he would and could get at least 10 up to 20. Shoot, since CL advised him what to do I would take what the PD offered to do. Shit, in KY if they offered my man 5 on a ARMED ROBBERY case, he would kiss the judge, it aint like that here. I thought Florida was harder than KY on crimes. And KY has the highest rate of incarceration in the nation, last I checked.

It dont matter what he robbed the store with period. He could have stuck a candy bar in someones face, he would have got armed robbery.

I am truly amazed he was offered 5 years, especially in FL.
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  #5  
Old 03-14-2011, 01:10 AM
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Mine got 8, but he only ended up serving 3 total, and would have been on probation for the remaining 5, had he not got a VOP 6 months in... now they're offering him 5 on the VOP for something he didn't do!
If it helps any, I am in FL as well, Jacksonville to be specific.


As for high conviction rates & harder on crime, let me just say, the cops are truly awful.
Most will take you in on ANYTHING.
I have a friend on parole who was taken in for VOP because her husband was unbuckling his daughter from her car while a cop was driving by. He ran the tag, and somehow found out her license was suspended. He searched the car, and found a tiny seed under the seat.
All while she was inside watching TV.
They arrested her on the spot and she hadn't even been driving the car that day.
But some, will let you get away with anything.
Another friend of mine was pulled over while under the influence, and the cop let him off with not even a warning, because he only had to drive a short distance home and no one in the car had a license but him.
Crazy huh?
My man is facing his remaining 5 years for VOP... bond is at 100,000$ all for being in the wrong place at the wrong time.
You never know with FL.
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Old 03-14-2011, 02:10 AM
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My husband got 10 minimum (he's in MI) and ended up serving 13 years and 3 months total.
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Old 03-14-2011, 02:26 AM
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My boyfriend got 10 years as well. Tell your husband to take the deal
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Old 03-14-2011, 03:11 AM
mely_91 mely_91 is offline
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wow in ca los angeles to b specific it would be like 2-3 years or less
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  #9  
Old 04-06-2011, 10:26 AM
hholly7 hholly7 is offline
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my husband got 7 for agg robbery. hold out
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  #10  
Old 04-06-2011, 10:33 AM
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I would listen to Co Attorney and trust the attorney. Just an FYI a 16 year old I know robbed a pawn shop and was tried as an adult and received 13 years.
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  #11  
Old 05-27-2011, 08:14 AM
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rox 73,,,,,, my fiance is in michigan also and he got minimum sentence of 10 1/2 years and max of 30. he got charged with armed robbery but had no gun or any type of weapon, it was just hear say of the home owner that came home and he also was charged with home invasion. i pray he comes home earlier than 10 years. he also has a pill problem and he needs major rehab, not prison. i have always been told to face your fears and problems head on, so if you are locked up how does anyone really know if they have defeated them.
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  #12  
Old 05-27-2011, 09:07 AM
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Default Yikes! Danger! Danger!

I think that there is real danger in offering random shout-outs to take a deal or not, although it is interesting to see the differences.
Even if rap sheets are similar, and facts are a twin case (so it appears you are comparing apples to apples) you are still missing critical information before you can offer sentence advice.
The sentencing laws are different in different jurisdictions. For instance, what enhancement might exist for a BB gun, even if uncharged. If an enhancement exists for personally using a firearm, will a BB gun qualify (or has it been excluded because of the way firearm is defined?) Assuming it is a firearm, what are teh sentence options? Is being armed sufficient, or do things get worse if their is a use; and what is the difference between armed and use?
Then, assuming you know those answers, you need local information. An anticipated plea bargain in LA will be different than in Boulder. One court in LA might be much different than another court in the same city. Local information is critical.

So, the best way to find out if a plea bargain is a good idea is for the Defendant to ask the trial attorney:
What are the terms of the offer? How did they come up with that number?
What are the chances of getting better or worse, and why; and will leverage increase or decrease in the future?
What bargaining leverage exists to get a better offer, if any?
What is the worst case scenario and why?
What is the REALISTIC worst case scenario and why?
What is the most likely post trial outcome, why do you think so, (and describe why there could be a range of realistic outcomes)?
What chance is there to win at trial (and why)?
Are there some things where the defense has a better chance at trial than other things, and if so how does it impact the case analysis?
What is the best case scenario after trial?
Are there variables like witnesses who might not show up, and if so how does this impact the case analysis?
Are their evidence variables, such as statements by co-defendants, that won't be resolved before trial; and if so how do these variable impact case outcome?
Does trial court assignment impact case outcome, and if so, how?
Are their local factors (judge's vacation, full trial courts, full jail, prosecutor with hangover, community pet peeves, conservative juries, etc.) to consider?
Are there uncharged crimes or enhancements that could impact the sentence in the future?
Are there other cases in the same or different court, are there other sentences being served, and how do these things impact the plea bargain?

I think these are some of the more important questions that go into a decision to accept or reject a plea bargain. A defendant should never be concerned about asking the trial attorney to support conclusions or advice. This why there is no substitute for the trial attorney's advice, and why comparisons based on final case outcome in various places is not a good way to make decisions.
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  #13  
Old 05-27-2011, 10:56 AM
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I wish my husband got a PD like that. We paid $50K and he got 2 years for the robbery plus 10 flat for a gun. In CA it's mandatory 85%. No good time.
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