Legal Question in Criminal Law in Florida

resisting arrest w/o violence

my son who is 50% hearing impaired also has tinnitis plead no contest for resisting w/o violence because he could not hear what was going on in court. Can he appeal the plea because he did not resist arrest, nor could he hear the proceedings? This court was over a video feed from the jail which made it harder for him to understand as he couldnt read the persons lips either.


Asked on 2/26/09, 10:36 pm

3 Answers from Attorneys
Joseph Vredevelt Best Vredevelt & Associates

Re: resisting arrest w/o violence

We could file a motion to vacate the plea due to your son's condition. I've represented persons who suffer daily with tinitus and understand what he would have been going through. We would have to put on evidence proving the condition, and show that ypur son honestly did not understand what he was doing when he took the plea because of it. All My Best, Joe Vredevelt 305.670.3119.

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Answered on 2/27/09, 6:01 am
Valerie Masters Valerie Masters, P.A.

Re: resisting arrest w/o violence

Yes you will need lawyer to withdraw the plea.

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Answered on 2/27/09, 6:40 am
Hunter Chamberlin Chamberlin Butler & Crowe, P.A.

Re: resisting arrest w/o violence

While under normal circumstances, setting aside a plea is very difficult, in this case it sounds like there may be grounds.

If I can help you, please let me know.

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Answered on 2/27/09, 9:38 am


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