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Re: shajandr post# 173769

Tuesday, 03/25/2014 7:30:56 PM

Tuesday, March 25, 2014 7:30:56 PM

Post# of 380517
You are missing one very important fact here, which seems to be the standard fare, misrepresentation of the facts. Regardless of what the plea agreement stated, it and the circuit court must follow the rule of law. No plea agreement nor the judges interpretation of it may violate the law nor the rights of the accused. While he, DF, can waive certain rights in exchange for lesser or fewer charges, there are certain rights that he may not give away even if he wanted to.

I have reviewed some of the case law presented in the motion and it appears both solid and relevant. If the circuit judge denied bail on appeal simply because DF had waived certain rights in his plea arrangement, well that may just not pass the acid test.

My opinion on face value is that he has a very legitimate chance to remain free while the case is on appeal at which time some reevaluation of the pre-sentencing guidelines are reviewed and perhaps altered resulting in a lesser sentence.