Once the charges are filed and the individual pleads not guilty then the state and the defense start discussing possible plea offers. The negotiations can continue through the discovery process and can go through the trial in many instances. It is important to understand that the different state attorneys in Florida have different policies as to how long an offer stays open. In many instances the state will give you an offer that will be withdrawn if any motions or depositions are taken. Another very common instance is prior to trial. Once the parties begin to pick a jury the offer will be open. There is no fixed rule as to when an offer is withdrawn but a general rule is that the longer the case goes the more chance the offer will be withdrawn.
The plea offer that will be made in a Florida criminal case depends on different factors. The first question that will be asked by the prosecution and the defense is what does the defendant score. In the state of Florida the state each prior crime the person commits is assigned a number. As part of the state responsibility they will prepare what is commonly referred to as a score sheet. If the points that a person accumulates reaches a certain number the will be require to serve time in a Florida prison. If the person score under _____ they score what is referred to as discretionary or any nonstate. This means that probation could be offered. Even if the defendant scores prison a non-state probationary sentence can be negotiated.
The sentence that could be negotiated could be house arrest, probation or a mixture of both. This is where it is very important that the persons attorney be familiar with criminal defense work. If the lawyer is not familiar with criminal defense work he will not know anything about possible early termination in the future. During negotiations I try not to bring it up if I do not know the prosecutor. Sometimes the prosecutors offer a plea with a stipulation that there will be no early termination. If the plea offer is silent as to early termination then the judge will more then likely hear the motion. If the plea offer says no early termination the court in many instances will still hear the motion. The best way that I have found to handle it is to tell the client right away that they may ask for early termination after completion of half the sentence. This gives the person a goal to strive for and motivation to stay out of trouble. So if you are sentenced to probation strive to get along with the officer and to stay out of trouble.
If the person is sentenced to house arrest I have found that the best thing to do is ask to have the house arrest be converted to probation then after completion of half of the probation you can file the motion for early termination timing is very important.