Plea in Absentia MM Broward-New2

IN THE COUNTY COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA STATE OF FLORIDA, Plaintiff,
vs.
Michael Spoor,
CASE NO.: 12-027490TC10A JUDGE:
Defendant. ___________________________/ AFFIDAVIT TO ENTER PLEA, WAIVER OF RIGHTS AND STIPULATION TO BE SENTENCED IN ABSENTIA COMES NOW, the Defendant, by and through his undersigned counsel, and hereby agrees to enter a plea of NO CONTEST to the charge(s): (Michael Spoor), and further agrees to be sentenced in absentia, agreeing to abide and be bound by any plea my attorney, Thomas Michael Lynch, Esquire, Ted Hollander, Esquire or other authorized representative of Gold and Hollander, P.A. d/b/a The Ticket Clinic deems to be in my best interest and accepts. I enter this plea of NO CONTEST with the knowledge and the understanding that the plea will include statutorily mandated court costs, and I further understand and have been competently and adequately advised as to the following regarding my criminal case in the jurisdiction of the County Court and I am completely satisfied with my attorney and the advice he has given in regard to the above-referenced case: 1) 2) The nature of the charge(s); (LSA) The difference between the pleas of Guilty, No Contest, and Not Guilty, and the effect of each plea; 3) 4) The right to trial before a judge or a judge and jury; The right to an attorney, and the right to have an attorney appointed if I cannot afford one at any time; 5) The right to have the presumption of innocence regarding all charges levied against me until or unless the State proves my guilt beyond a reasonable doubt as to each of the charges associated with this case;
6) 7)
The right to question and cross-examine all witnesses at trial; The right to call witnesses of my own for my defense at trial and have those witnesses subpoenaed by the Court;
8)
The right to remain silent and to never have that fact considered as evidence or inference of guilt by the judge or jury at trial;
9)
The right to testify at trial, and have my testimony considered by the same standards as the other witnesses; and
10) 11)
The right to have a court reporter make a complete record of the proceedings; The right to appeal any harmful error to a higher court except for an appeal of an illegal sentence for this matter;
12)
That I understand and have been explained both the minimum and maximum sentences involved as to the charges listed above and that have been outlined by my attorney.
13)
The plea offer made by the State of Florida that I wish to accept and authorize my attorneys Ted Hollander, Esquire and or Thomas Michael Lynch, Esquire or other legal representative of Gold and Hollander, P.A. d/b/a The Ticket Clinic enter on my behalf; in my absence; and in my best interests is as follows: STATES OFFER:
14)
I understand that consequences can arise as a result of entering this plea and my attorney has adequately and competently advised me as follows: I understand that by pleading no contest, I am entering a plea in my own best interests and that I am not admitting or denying guilt, I have sworn under oath that I understand this plea as my attorney has explained, and that I waive these rights pertaining to this case only and the Judge will impose the sentence he or she deems appropriate. My attorney has explained that if I am currently on probation; community control, parole or other type of supervision in the criminal justice system, that entry of this plea will and/or could violate the terms and conditions of my supervision and could constitute an admission to a violation of supervision and, ultimately, expose me to more severe penalties ranging from a reinstatement of supervision to jail and/or prison sentences, depending on the jurisdiction of my current supervision.
My attorney has explained to me that if I have ever been previously convicted of a sexually motivated or sexually violent offense in any state, entry of this plea could cause me to be involuntarily civilly committed for the rest of my life under Floridas Jimmy Ryce and Jessica Lunsford Acts and under the laws of the State of Florida. I understand that if I accumulate or am sentenced any combination of any 3 of the following charges as a result of a plea to Driving While License Suspended w/Knowledge, Driving While License Suspended w/o Knowledge (adjudication only), Leaving the Scene of an Accident or DUI within a 5 year period, entry into this plea agreement will cause my drivers license to be suspended by DHSMV for a period of 5 years as a Habitual Traffic Offender pursuant to Fla. Stat. 322.34(5) or expose me to more severe penalties (Felony Charges of DWLS/R- Habitual Offender) in the Circuit Court in and for Broward County, Florida. In understand that if I am currently charged with the offense of Racing on the Highway; I understand that by entering a plea to charges of Racing on the Highway contrary to 316.191, Fla. Stats. I will be fined an amount of no less than $500 and not more than $1000 and my drivers license will be suspended for a period of 1 year for a first offense by DHSMV or 2 years for a second or subsequent offense committed w/in 5 years of a prior sentence on a racing charge. I have been made aware that my vehicle may also be subject to confiscation. I understand that I have the right to speak to the Judge prior to sentencing and that I have the right to appeal within thirty days of this sentence being imposed and that I have the right have an appellate attorney appointed if I cannot afford one. I understand that if I am subject of the Criminal Punishment Code in Circuit Court, entry of this plea can increase my total sentence points and expose me to more severe penalties in the Circuit Court. I understand and have been advised by my attorney that entering a plea of No Contest to any criminal charges, including those alleged in my case, no matter how trivial, may have a negative impact on my current immigration status with the United States Department of Homeland Security; may prevent me from becoming a U.S. Citizen or may subject me to deportation if I am not a United States Citizen. I have also been provided a copy of the Immigration Consequences of Convictions Summary Checklist prepared by the Immigrant Defense Project that outlines possible immigration consequences (including deportation) relating to various criminal charges, including, out not limited to felony charges and crimes involving violence and moral turpitude. Accordingly, it is my wish to waive the above listed rights and permit my attorneys Ted Hollander, Esquire and or Thomas Michael Lynch, Esquire or other legal representative of Gold and Hollander, P.A. d/b/a The Ticket Clinic to enter the aforementioned plea of no contest on my behalf and in my absence. I waive these rights of my own free will and have not been coerced, compelled, or forced to do so by anyone, including my attorneys. I have been competently advised by my attorneys and I am completely satisfied with his work. I have also been advised that my Appearance may ultimately be required in court should the Judge decide to not accept or ratify this plea agreement.
SIGNATURE AND OATH GOLD AND HOLLANDER, P.A. d/b/a THE TICKET CLINIC 1580 South Federal Highway Fort Lauderdale, Florida 33316 (954) 522-5926: Telephone ____________________________ Thomas Michael Lynch, Esquire For the firm Florida Bar No.: 711055 _____________________________ Defendant- Michael Spoor Date of Birth: 05/04/1972 Respectfully submitted on this ________ day of _____________________, 2013. STATE OF FLORIDA COUNTY OF ___________________ The foregoing instrument was acknowledged before me on the aforementioned date by Michael Spoor who is personally known by me or did produce _______________________as identification, and who did /did not take an oath. _____________________________ Notary Public Signature My Commission expires:

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IN THE COUNTY COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA STATE OF FLORIDA, Plaintiff,

CASE NO.: 12-027490TC10A JUDGE:

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