Dui Lawyers

The U.S. States Supreme Court has continuously held that any time a defendant pleas guilty or nolo contendere(no contest), the plea is required to be made knowingly and voluntarily. Defendants typically enter a plea of not guilty. The majority will end up changing their plea to guilty or in the alternative nolo contendre so as to take advantage of an reduced sentence or charge offered by the State. Some defendants will change their plea to guilty or nolo contendre without an offer or after rejecting an offer extended by the prosecution and thus leaving the determination of the sentence to the court. This is called "pleading open."

A presiding judge is required to question the defendant under oath prior to accepting the plea or imposing a sentence in order to ensure that an defendant's plea is knowingly, intelligently and voluntarily. The judge will ask the defendant multiple questions in order to ensure that the individual is aware of the rights a criminal defendant has, the rights that the defendant will give up when he changes or enters his plea and the potential consequences for the change of plea. If an individual is not properly advised by the judge of the potential consequences, the individual can, at a later time file a motion to vacate the plea under Florida Rule of Criminal Procedure 3.850 claiming that his plea was not voluntary.

In Ramos v. State, the district court of appeal reversed and remanded the lower court's sentence against the defendant in a DUI matter. The 1st District Court ruled that it was reversible error to sentence the defendant, when the defendant did not speak fluent English, without a qualified interpreter.

For more information regarding Fort Lauderdale Criminal Lawyer or Fort Lauderdale DUI Attorney or you can contact us at: The Law Offices of Michael A. Dye, PA 1 E Broward Blvd # 700

Fort Lauderdale, FL 33301

(954)990-0525