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What to do about my aggravated assualt charge that is withheld

Arcadia, FL |

I know that I cannot have an aggravated assault charge that is whitheld adjudication sealed or expunged so what can I do to become a nurse again. I am willing to hire an attorney and possibly reopen my case. This is from 6 years ago and what I was charged with was silly. I would like my life back. What can I do?

Attorney Answers 3


I agree with James. There may be an additional method of contacting the State Attorney, seeing if the SAO is willing to amend the charge to allow you to become a nurse. Granted, there is no legal basis for the state to agree to this as the time for you to raise any appeal-able issues or ineffective assistance of counsel has long since run, but occasionally mitigating exceptional circumstances exist where the State is willing to accommodate. An experienced criminal defense attorney in the county in which this offense occurred will likely be able to tell you what the likelihood of such a resolution would be, but don't be surprised if he tells you less than 5%.

In all likelihood, you will have to explore your executive clemency options as discussed above.

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You are best served by retaining an attorney to explore a pardon or clemency. | The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Florida. Responses are based solely on Florida law unless stated otherwise.

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I agree with both Tim and James...looks like clemency will be your best bet though.
Good luck!

Legal disclaimer: The answers given are limited to the facts as given and presumed by the answer itself. Without seeing actual written documentation or having a conference to more fully explore the issues, this short answer has only limited application. Make sure to seek legal counsel and provide all documentation to get assistance in making informed legal choices.

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