The judge stated his reasoning for adjudication was prior criminal misdemeanors. They were over 10 years old and I'm not certain he took their age into consideration. Can argument be made as to lawyer discipline only going back 10 years, shouldn't defendants be held to the same time frame?
One may certainly argue that the court change the disposition in that way. And one may also certainly make the analogy regarding what is known as the "remote" nature of your prior convictions as compared to what members of the legal community consider to be remote where their disciplinary records are concerned, though that particular example may backfire and come across as a passive aggressive insult towards the bench. There may be better, or at least additional, examples to compare and contrast to the court such as the more anodyne and obvious inference that time essentially speaks for itself when it's shown there's no propensity to commit crimes over a protracted period.
The above is provided for educational purposes only and is not legal advice nor makes you a client of the Mosca Law Firm, PA. Please consult with a lawyer in order to obtain confidential legal advice that is tailored to your specific situation and facts.
Ask your attorney. Or if you are dissatisfied, tell them how you feel. If this is something that happened 10 years ago, you should look at an application for clemency and try to get your civil rights restored.
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Under Rule of Criminal Procedure 3.800 you can motion to modify you sentence within 60 days of imposition of the sentence. This can include a request to receive a withhold of adjudication; however, understand that this motion is rarely granted but absolutely can be made. Have your lawyer be as detailed as possible in the motion. Stating specific grounds for the request.
The answer provided is for educational purposes only. It does not constitute legal advice or create an attorney-client relationship. You should consult an attorney for legal advice regarding the facts of your specific case and designed to help you with your personal needs.
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