Legal Question in Criminal Law in Florida

If a criminal defense attorney did not defend a client, did not obtain evidence and potentially exculpatory evidence, did not preserve material evidence, had proof of false statements in the police reports and assisted the prosecution in the sentencing portion and recommended a plea that was detrimental to their client, in Florida, what is my recourse and how do I get help? This was a probation violation accusation with an accompanying constructive paraphenalia possession misdemeanor, the attorney stated could not be proven. Yet he recommended I plead no contest and take the violation adding one year to the probation period. He then told the judge he could not modify the probation, he needed to terminate, revoke and institute a new period of probation knowing I had a perfect probation record and there were at least 18 other routes of entry into the auto for the paraphenalia and that I could not have had access to the location of the contraband and there was a passenger, the State did not have knowledge of and the Sheriff did not report. Further that the Sheriff lied regarding disposition of the auto (material evidence), male officer unescorted search of a female detainee, officer left purse and laptop in auto and reported he did nothing with the auto, wrong license plate, wrong eye color and wrong state of birth in report. This was a private attorney that had been a former prosecutor. Please help me.


Asked on 10/09/09, 5:04 pm

1 Answer from Attorneys

Don Waggoner Don Waggoner Law, P.A.

You can appeal, you can file a 3.850 motion. You need to see a lawyer and consult him or her.

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Answered on 10/09/09, 5:13 pm


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