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Is there any way to have a guilty charge of domestic violence changed to adjudication of guilt withheld?

Milton, FL |

The offense occurred in 2007 and I pled no contest cause my public defender and the da said they would have adjudication of guilt withheld as long as I agreed to all terms of punishment including five days jail time, probation, fines and one year of Alcoholics Anonymous. After agreeing to this and pleaing the way they said the judge found me guilty anyway. I have not broken any laws since but have incurred severe back injuries and would like to get this changed so I can get my gun rights back and be able to properly protect my family. I have two rods, four screws and a built in pace maker to controll the nerve damage which makes standing my ground difficult. I also supervise federal inmates and worry of retaliation on my family and myself. My wife of two years is the then victim.

Attorney Answers 4

Posted

Based on the information you have provided, I do not know of a legal basis to go back and change your sentence. If the judge accepted your negotiated plea and simply misstated the adjudication issue, then you can go back and ask that his mistake be corrected. In order to do so, you'll need to pull the transcript from your plea hearing and any related documents that would show that you were to receive a withhold. If the judge refused to accept your plea agreement because he/she wanted you to be adjudicated guilty, you're simply out of luck, barring a Governor's Pardon.

Posting an answer to your question does not create an attorney / client relationship such that you can or should rely on the information provided herein to take action. Instead, it is intended to simply provide you with information. I am not your lawyer and cannot provide you with legal advice unless and until I am hired to do so.

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Posted

I agree with Mr. Ladan and would add one thing. Many times for a withhold of ajudication, the judge will insist on a guilty plea. Except for a few civil matters, pleading "guilty" versus "no contest" is of no consequence to your criminal case. The important issue is if you received a withhold of ajudication or a conviction (ajudication).

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Posted

I would also agree with Mr. Ladan. I would add that if you truly did not understand you were being adjudicated, then you could have possibly set this aside especially right after the plea. Since this was over five years ago, I would imagine it will be difficult if not impossible to set aside your conviction.

Please be advised that answering your questions does not establish an attorney-client relationship with myself or my firm. 407-588-6714 bill@thelawman.net

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Posted

You may have a viable post-conviction claim.

Educational purposes answer. | FACDL.org | NACDL.org | Defendme.net | twitter.com/JReganLLM | Non-privileged answer.

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