Arrested for sale and possession of controlled substance took a ptd (adimitted guilty) and case was nole contedre and expunged. Facing immigration problems.
Can the case be reopened and the state attorney amend the ptd to no guilty?
Family Law Attorney
By PTD, do you mean Pretrial Diversion and the case was dropped? Or did you plea nolo contendre (no contest) and get probation and a withhold of adjudication? Either way, the answer to your question is no.
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5 lawyers agree
I agree with Counsel Cerino. No.
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3 lawyers agree
Criminal Defense Attorney
First, if you got PTD, I guessing its sale of cannabis, otherwise, you owe your attorney one. A nolle prosequi would have been filed if you successfully completed PTD. You would not have to enter a nolo contendre plea if you were in PTD. Are you sure you didn't enter a plea and complete probation and receive a withhold of adjudication? If so, you would have to successfully withdraw your plea. Speak to a local attorney and discuss yourc case.
6 lawyers agree