Legal Question in Criminal Law in Florida
I just got an answer to my question of: Can I reopen a case of domestic violence that I pleaded no contest to which I was innocent of, for income reasons. If it will help my code to my question is: Man5qMvaYp. The answer was: No, I'm sorry but never plead to something you didn't do. My next question is: The PO assigned to my case that I never asked for and didn't like from the beginning, never informed me of the ramifications of my plea, like not being able to own my hand guns anymore because of some ridiculous law called the Laugtengurg Law? or the impact it will have on my job as someone in public relations service field and then the extra charges that were tossed at me on the civil side. I was misrepresented by a incompetent PO and not informed of the actions that will be held against me if I plead anything but innocent. What can I do now?
1 Answer from Attorneys
I saw your first question. For starters Domestic Violence is a charge which cannot be sealed or expunged for any reason. Second, the law has a presumption of finality. That means when cases are closed by a plea, it is very difficult to reopen them. Otherwise of the millions and millions case pled each year, none would ever really close. The items you mention regarding your PD, are considered "collateral" and would not be grounds to reopen your case. Further, if it has been two years since your plea then you can no longer file a motion for ineffective assitance of counsel. Remember too, it will be very expensive to pursue the course you suggest.
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