Legal Question in Criminal Law in Florida

In 2001 I was arrested for a new law that just went into effect a few months prior F.S. 847.0138 (2001), to make a long story short 5 months in the county jail my paid attorney only came and seen me to discuss my legal options 1 time and at that point no motions was ever filed on my behalf, 2 weeks later just a week before I would have had to wave my speedy the lawyer came back to the back room in court and told me "man I got you a deal! " it was 1 year county and 3 years paper to the single count as charged in the information, I ask my attorney 'what kind of crime am I pleading to" he said it's a obscenity crime like leaving a playboy magazine out and some kids found it I said as long as it wont interfere with my career he said oh no it's nothing.

Well I pleaded guilty and there was no mention of sex offender at all. The next day I reported to probation and I was asked a few times "do you have to register as a sex offender? " I replied no I would have gone to trial if that was on the table, well 3 months later I was returning from a run I was a commercial trucker when I parked my rig and walked into the terminal office to turn in my paperwork as soon as I walked in the original detectives and a bunch of other law enforcement arrested my again for leaving the county which was a technical violation, I tried to explain I had a verbal agreement from the probation officer that I could travel as long as it's day trips and of course the probation officer just shrugged his shoulders.

I hired a new attorney to defend me for the VOP (no bond) about 4 months later I entered a guilty plea to the VOP and was sentenced to 42 months followed by 18 months, the DA and the court verbally stated I did not qualify as a sex offender, see: https://www.scribd.com/document/377600197/Pages-5-6

My question is there a way I can file a civil action to get relief from this nightmare of being a sex offender is has destroyed my life ? thank you.


Asked on 4/27/18, 3:36 pm

1 Answer from Attorneys
Craig Epifanio Craig Epifanio, P.A.

You need to look for an attorney that handles lawyer malpractice. I don't know whether or not you have a cause of action because it is so old but that's why you should talk to a malpractice attorney to find out your answer.

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Answered on 4/27/18, 6:05 pm


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