My question involves criminal law for the state of Florida.
My brother is being charged with a first-degree felony for fraud. However, he had nothing to do with it. The charges came about because someone that worked with him that was indeed involved with the defrauding was trying to throw people under the bus to save his skin. When this individual was finally under oath, he admitted that my brother had no knowledge or part in the crime. With this being said they're letting my brother off with a diversion program, and if successful his charges will be drop and he will be able to expunge the arrest record.
I'm asking this question because I sense that him accepting the diversion program is almost as him admitting to some guilt when he clearly had nothing to do with the crime. I feel that my lawyer is not doing everything that he could, but that is just me speaking from ignorance. If I'm wrong, and there's something else my lawyer should be doing can someone knowledgeable please tell me. I just don't understand why my lawyer can't go up to the judge and just petition a motion to drop all charges and delete the arrest records since he was obviously wrongfully accused.
This case has turned my young brothers life upside down, and I would appreciate any insight anyone can provide.
-Disutorakuta
My brother is being charged with a first-degree felony for fraud. However, he had nothing to do with it. The charges came about because someone that worked with him that was indeed involved with the defrauding was trying to throw people under the bus to save his skin. When this individual was finally under oath, he admitted that my brother had no knowledge or part in the crime. With this being said they're letting my brother off with a diversion program, and if successful his charges will be drop and he will be able to expunge the arrest record.
I'm asking this question because I sense that him accepting the diversion program is almost as him admitting to some guilt when he clearly had nothing to do with the crime. I feel that my lawyer is not doing everything that he could, but that is just me speaking from ignorance. If I'm wrong, and there's something else my lawyer should be doing can someone knowledgeable please tell me. I just don't understand why my lawyer can't go up to the judge and just petition a motion to drop all charges and delete the arrest records since he was obviously wrongfully accused.
This case has turned my young brothers life upside down, and I would appreciate any insight anyone can provide.
-Disutorakuta
Pretrial Motions: How to Move for the Dismissal of a Criminal Charge
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