Legal Question in Criminal Law in Florida

I was a arrested back in 2004 for agg. battery w/ deadly weapon. I was charged with a felony and adjucation was withheld. At the time of the incident i was in a violent relationship where I was beat and abused. I stood up for my self one day and i got arrested. I had just turned 18, very scared and listen to a SP i was assigned and took a nolo plea. I was also told at the time i would be able to get the charged expunged, while guess over the 2 yrs, on probation the laws changed. Now I'm stuck with this on my record, like I was the criminal when I was defending myself and there were previous records showing that my boyfriend at the time had done jail time for hitting me. What can I do to get this off my record. I feel like because of my age at the time i was told anything. Please help.


Asked on 9/02/09, 12:43 pm

2 Answers from Attorneys

Don Waggoner Don Waggoner Law, P.A.

There is nothing you can do. You only have 2 years to file an ineffective assistance of counsel claim. The only thing you can do is talk to a good attorney or two and see if there might be some loophole that's been left uncovered. Probably not though. This is a lesson. Never plea to something you did not do. Period.

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Answered on 9/02/09, 1:04 pm
Robert Roemer Robert Roemer

Is this a new charge?or does it relate back to the 2004 felony? e-mail me more details or your phone # to discuss.

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Answered on 9/02/09, 6:57 pm


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