Legal Question in Criminal Law in Florida

Falsely accused of lewd conduct

I was visiting FL where I met a girl on our 2 meeting we engaged in sex.

We got cought and were charged with lewd conduct. I obtained a local lawyer right way because I live out of state and explained to him that I had a clearance and that I was falsely accused. He was going to try to get a lesser of a charge and get it expunged.

He sent me a bunch of form to sign and after a 1,500 retainer. He never called me or explained what he was going to do.

What he did was have me change my plea from not guilty to a plea of NO Contest. I received a $750.00 fine and now changed with miser meaner lewd conduct. I�m in jeopardy of losing my job. I called him now he wants to charge me to get it expunged.

I feel the lawyer didnt do his job.

What can I do about my record?

Thank you,


Asked on 9/16/08, 6:12 pm

2 Answers from Attorneys
Joseph Vredevelt Best Vredevelt & Associates

Re: Falsely accused of lewd conduct

Well, if you did not want him to take a plea for you then you can file a motion to vacate the plea and sentence. It sounds as if you gave him an authority to take the plea, I don't believe any judge would allow a plea to be taken without you present or without a filed authority which you had to have signed and notorized before the plea was taken. If your case was tried in south florida please give my office a call. Take Care, all my best, Joe Vredevelt.

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Answered on 9/16/08, 6:18 pm
Leland Garvin Garvin Law Firm

Re: Falsely accused of lewd conduct

You most likely signed a "plea in abstentia" a document which gives the court the ability to sentence you in your absence.

Would be tough to get the plea vacated if this document is in the file.

If you are eligible for expungment that may be your only option. If you feel that the other lawyer mislead you and you don't feel comfortable using him for the expungment process you can give me a ring and we can discuss the case further.

My office is here in Broward where I previously worked as a prosecutor.

Good luck,

-Leland 954.524.2424

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Answered on 9/16/08, 6:35 pm


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