Burglary Conviction Vacated After 3.850 Motion Granted – Client Re-Sentenced to Trespass Charge and Pending Probation Violation Set Aside
This was a perfect example of what happens when you choose an attorney that does not take the time to research what defenses a client has to a crime for which they are charged with. The client was invited to live with a friend and his family. After several months of living with the family, the friend that invited the client to live with him and his family left to go to California. The client continued to live in the home until one day the mother of his friend called the police and had him taken out of the home and given a trespass warning. The client came back to the home the very next day and he was arrested for burglary and trespassing.
The client retained private counsel and ultimately pled guilty to attempted burglary and was given 1-year in the county jail followed by 5-years of probation. After he was released from serving 1-year in the count jail the client was released and violated his probation. His family hired the Law Office of Robert Malove and we had no time to waste so we obtained his previous trial attorney’s file and went to work reviewing the case.
After reviewing the case file and speaking with the client we were shocked to see the trial attorney file had all the documentation to show the client could never have legally committed a burglary. We filed a Rule 3.850 motion and an evidentiary hearing was set before the VOP hearing. Prior to the evidentiary hearing we had a conversation with the assistant state attorney about the claims we filed in the Rule 3.850 motion. During our conversation the assistant state attorney agreed the client could not have committed a burglary and we agreed to turn the evidentiary hearing into a re-sentencing hearing. The client’s burglary conviction was vacated! The client entered a plea to trespassing and was emergency released and the VOP hearing was deleted from the calendar as he was no longer on probation because of our hard work and his 3.850 motion being granted.
Our review of the case showed the client did not enter the property with the intent to commit a crime and therefore the State could never have legally proven he committed a burglary. Our client was facing up to 5-years in prison for the violation of probation because of a plea agreement he never should have entered in to. Trial counsel was ineffective for failing to advise the defendant that he had a defense to the burglary charge prior to him entering into a plea. The Law Office of Robert David Malove prevailed again!
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Why You Should Hire an Experienced Criminal Defense Attorney in Florida
This case is a classic example of the importance of hiring an experienced defense attorney to help defend you and your rights. Had the client not found us, he could be serving 5 years in prison for violation of his probation. If you or a loved one is in need of post-conviction relief, our criminal defense lawyers in Florida are here to help.