odd query

I was accused of a crime I didn't commit, I figured it be dropped right away.  I was later told the prosecutor wants a ltr stating I have a doctor and I am not a danger to myself.  They said it was padding for the file then they'd dismiss such.  It isn't even court ordered, like by a judge so I am confused as to do it or not.  I won't plea and they know it and this sounds like a plea even though I am being told such is not because the judge doesn't order nor sign off on such.

Has anyone heard of this, no one else has that I query to.

wants a letter sorry type -o

I think you would be 100% smarter to have a criminal defense lawyer of your choice assist in how doctor needs to word his response consistent with the medical issues . . The average well intended doctor might write the wrong things, too much or to little ----and right now you are not positive about  how the wind is blowing.

Without knowing the details, it is impossible to comment on what you should do. My suggestion is not to give them anything until you first consult a local criminal defense attorney.

I have an attorney, but he seems to be extending proffesional courtesy or taking behind closed doors as to this, for courtesy back on another case, in my opinion anyways.  I tried to tell him, such makes no sense sense drugs nor my mental state were involved or mentioned in the investigation that led to my arrest.  He keeps saying it's not a plea and isn't even a stipulation there for why not take such. 

It's principal to me, I did nothing wrong and thought I'd get such day in court.  I just want to know if it has been heard of supposely I get something in writing first saying it won't be used against me etc etc.  Still seems odd should I maybe query with another lawyer, I don't want to be used as advance for another case nor it's problem.  I am innocent so such is disturbing to say the least.

My attorney seems to just not want to go to trial and I did all the leg work on my case for him.  He just showd up late 3 times and then came back with this agreement thing, which smells fishy to me.

gonefishing42:

He just showd up late 3 times and then came back with this agreement thing, which smells fishy to me.

Then go talk to another attorney.

That's what I have been saying and people with nothing at risk, say don't change attorneys this late in the game**note ignore outsiders**

My attorney said, prosecutor needs this note to put into his file as quote padding. Florida public records handbook states: such note would become public record, for anyone to view after case is decided and/or closed, in more than one file. The felony case file and the prosecutor file which is a detailed anatomy of a case, from start to finish, including doctor notes, psychiatric, drug evaluations etc

Under Florida public record act -- all records including all documents, papers, letter etc etc pursuant to law or ordinance or in connection with transaction of official business by any agency [119.011(1),F.S.]

Anyone even a citizen could obtain such by paying copy fees such note is a public record, further more everything but my SS# that's included in either of those two files is the same, UNLESS such was sealed by a judge(only). Or involves non related things like minors name etc.

So since it was made known to me this note, wasn't court ordered, nor stipulated and said to be as an agreement, the note as I see it definitely becomes public record and instead of requiring the judge to decide and grant an order for such note, I am simply VOLUNTEERING it as a RECORD.

I am positive I read those things right I checked 3 books on public records and Florida law yesterday to see if such note was as uttered to me over phone as being “HIPPA” protected, it's not, it becomes part of the felony case file, also included in the prosecutor file.

Going Monday to consult another attorney, if I don't trust my attorney, that alone should have raised a red flag, especially him trying to push or make me fear a hearing and agree to something I don‘t feel is anyone‘s business, my personal medical anything info.!

Thanks for the tips or whatever it‘s called on this site, I read through tons of the forums here, some odd in query and some very helpful in Q and A. It’s hard even when you can afford a private "cheap" attorney to understand actual need to check out advise no matter who it comes from, don’t assume anyone, even paid contracted person(s) are always decided/advising right and/or even in good faith serving your best interest at all times.

Thank you to those people here, like yourself that volunteer free time to hold our hands one time or two and then kick us in the rear to FIGURE it out, or seek legal council or just to give it up in shear ignorance, but stop whining to others lol!

If anyone is needing records not handed over in their case, a good resource for such is Florida public records handbook 2nd edition, might be a newer one or your state's own version. I suggest to anyone get all your records for anything and everything through public records rights and freedom of information act.

gonefishing42:

he seems to be extending proffesional courtesy or taking behind closed doors as to this, for courtesy back on another case, in my opinion anyways

He almost has a dismissal for you.  What else could you ask for?

For some reason people think defense attorneys and prosecutors should always be at each other's throats.  That is NOT the case.  You don't get anything good from a prosecutor that hates you.

Prosecutors are political creatures - the head attorney is normally either appointed or runs for office through election.  They need to cover their butt.  If a letter gets you a dismissal, that letter likely won't ever see the light of day unless you have further problems.  However, you MUST coordinate this through your attorney because giving the state ANYTHING is potentially giving them evidence against you.

gonefishing42:

He just showd up late 3 times and then came back with this agreement thing, which smells fishy to me.

He has obtained a dismissal offer.  It doesn't get any better than that.

No competent criminal defense attorney deals one case for another.  That is a violation of ethical standards and subjects the attorney to discipline.

gonefishing42:

Under Florida public record act -- all records including all documents, papers, letter etc etc pursuant to law or ordinance or in connection with transaction of official business by any agency

I doubt that.  A prosecutor's file would commonly be protected by work product or other legal privilege.  If the prosecutor is keeping it, it is almost certainly NOT subject to disclosure through a public record request.  If it goes in a court file, it is presumed to be public but can be sealed by the court.

You aren't obligated to accept the offer.  Your other course of action is trial.  Period.

The prosecutor's file becomes public record upon the case being decided or the statute of limitions of filing charges regarding such case is up.  Then such is public record and obtainable by anyone requesting such.  In this state any ways, don't know about other states, it even says the notes made and placed into the file by the prosector etc is then public.

No I'm not saying they should be fighting or yelling at each other, but from day one when my attorney spoke to the prosecutor he claims such stated that he was pissed the intake filed information on such, that there was no evidence indicating I did anything wrong.  All those facts being stated by such made me feel like my attorney if experienced should be able to get this dismissed with out all the delays and an agreement.

I am unfimilar to court, never been arrested more less charged with a crime, so all I can go on is what I read and research.