Legal Question in Criminal Law in Florida

wronfully charged

i had an incident with a girl that came to my residence where i was minding my own business and started threatening me about my husband(we were seperated at the time) and he made it clear to her not to come to my house.before this situation i have never been in trouble a day in my life, nor do i bother anyone. she called the police and told them that i had knives and she was in fear for her life. if she was in faer for her life she would not have come there. i was thrown on the ground in front of my kids, taken to jail, and am now on probation and have to pay her restitution because she lied and said i damaged her car. i had a public defender but it was more like he was defending her instead of me. i cannot afford to be paying all of this money for protecting myself and my house. i have four children to take care of. what can i do about this situation? please help me


Asked on 8/10/08, 6:51 pm

2 Answers from Attorneys
Joshua Westcott Law Office of Ernest J. Mullins, P.A.

Re: wronfully charged

It depends on how you ended up on probation. If you were found guilty at trial, then your options are very limited if not non-existent. If you plead to the charge, you may be able to have the plea vacated under certain circumstances. Generally, this would require filing a motion for post conviction relief. The grounds to sustain this are limited, and there is a window of time in which the motion must be filed.

There is no guaranty that your situation would qualify, but you may want to contact an attorney to inquire about post conviction relief.

Good Luck,

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Answered on 8/10/08, 8:12 pm
Valerie Masters Valerie Masters, P.A.

Re: wronfully charged

There are a few circumstances in which a plea can be withdrawn. Otherwise, you have entered into a plea contract which must be fulfilled.

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Answered on 8/10/08, 8:13 pm


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