Legal Question in Criminal Law in Florida

Almost a year ago, I was charged with discharging a firearm in public, display of firearm in angry maner and discharge of firearm while intoxicated. I plead no contest and thought with hold ajudication meant I did not have any charges. Now I am having trouble re-enlisting as well as finding jobs. They are all misdemeanors. My wife was pulled out of our car by her hair and was being beat up outside of a bar with 30 people standing there watching. I fired two shots from a shot gun to get the people to disperse and I was not legally intoxicated at the time. If I would have taken a public defender I could have fought the charges, but I did not know my rights and I was broke. I cannot get the charges expunged. Can I try to get another day in court or am I stuck being a criminal because I tried to stop my wife from being beaten?


Asked on 9/02/09, 4:27 pm

1 Answer from Attorneys
Don Waggoner Don Waggoner Law, P.A.

I am not sure what you can do because your last statement leaves me a little puzzled. Did you plea without an attorney. If so, you may be able to withdraw your plea. If you had a lawyer, you may be able tile an ineffective assistance of counsel motion and ask that the plea be withdrawn. You need to understand that if your plea is withdrawn, you will be right back at square one. Once again I say-Never plea to something you didn't do. You always regret it later.

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Answered on 9/02/09, 5:35 pm


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