Legal Question in Criminal Law in Florida

No Contest Plea

My son who is disabled as the result of a past head injury has some cognitive deficits and a paralyzed hand. He rents a

house that I own and allowed a person to stay with him upon the verbal agreement of payment of $250 monthly rent. When this person did not pay the rent and would not leave, an altercation ensued and a shoving match as my son tried to get him to leave. The authorities were called and my son was arrested and charged with ''simple battery''. He has been ordered to go to court next week and He is very frightened that he may have to go to jail. I have written a letter to the Judge outlining what happened....telling him that my son will plead guilty...and, have asked that he be as lenient as possible. Is this an appropriate action for me to take on my son's behalf? Am I correct that this charge is a misdemeanor charge and if he pleads guilty would only entail a fine? Should he (or can he) plead ''no contest'' rather than plead guilty? Any advice would be appreciated.


Asked on 1/23/05, 4:25 pm

2 Answers from Attorneys
Valerie Masters Valerie Masters, P.A.

Re: No Contest Plea

Simple battery is a first degree misdemeanor punishable by up to 1 year in jail. It is NOT appropriate for you to write the judge and tell him your son will plead guilty. Do NOT speak with anyone other than his attorney regarding the case.You can be helpful by gathering his medical and psychiatric records for his lawyer. No contest and guilty have almost no legal distinction. My advice is to take one giant step away from your son's case and let a professional handle before you muck it up further.

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Answered on 1/23/05, 4:37 pm
W.F. ''Casey' Ebsary Law Office of W.F. Casey Ebsary, Jr.

Re: No Contest Plea

More than a fine is likely. Probably probation and counseling and fines and costs. There may be several other alternatives to him getting a criminal record. In criminal court, no contest is the legal equivalent of guilty and he will probably be sentenced on the spot.

Please call me toll free 1-877-793-9290 to discuss how we can help.

W.F. Casey Ebsary, Jr.

Attorney and Counselor at Law

112 South Magnolia Avenue

Tampa, Florida 33606

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Answered on 1/23/05, 4:43 pm


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