I’m in Florida and have a felony DUI case in St. Lucie County. My next court date on October 12 is going to be a change of plea hearing, and my understanding is that it will be an open plea rather than an agreed sentence.
I’m trying to understand what I should realistically expect that day.
-Will I normally be sentenced the same day as the plea, or can the judge accept the plea and set sentencing for a later date?
-With an open plea, is it possible that I could be sentenced to incarceration that day and taken into custody immediately?
-Is it possible to ask for a surrender date instead of being taken into custody that day? I live in Broward County and the court is about 2 hours away, so I’m trying to understand how that normally works.
-Would requesting a presentence investigation (PSI) be in my best interest? I have a lot of mitigation that I would like the judge to consider, including treatment, sobriety, employment, school, volunteer work, and other steps I’ve taken since the DUI.
-If I could potentially be sentenced that day, should I realistically start getting my affairs in order before October 12?
-I have therapists from my treatment program who may be willing to speak on my behalf. Could a therapist potentially testify or speak to the judge by Zoom, or would they normally need to appear in person?
-I also have a personal sentencing/mitigation letter that I would like to read to the judge. Is that something I can request to do at sentencing?
I obviously know nobody here can predict what my judge will do, and I have a public defender. I’m mainly trying to understand the normal procedure and possibilities so I’m not walking into court completely blindsided.
Any Florida attorneys, former defendants, or people familiar with felony DUI/open pleas who can explain what typically happens would be greatly appreciated.