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  1. #1

    Default Changing Your Plea After Accepting a Plea Bargain

    i had a private attorney hired for me from the state of florida regarding a burglary charge and i got 3 years of probation with withheld judication and now i am on drug offender probation... i have only been on probation for 3 months but i have had a hard time trying to get a job even with this withheld judication, people just won't hire me... although im not a convicted felon... anyway i was wondering what the possibilities of me being able to withdraw from my plea and enter a new plea to do time in jail... and then when i get out get the felony expunged... it will cost me leess to get it expunged then it would for all the probation costs... and then i can get a job because i don't have to say anything about any felony arrest or anything.... also the attorney that i had use to be a state attorney and is friends with the prosecutor for my case they use to work together... so does this help at all? what kinda of time could i get... any ideas or clues or first thoughts would be greatly welcomed...

    by the way i violated my probation for failing my first drug test that was like right after 30 days of being on probation... because the state hired my last attorney (not public defender) (i was a victim and a ... i cant think of the word but because i was part of a crime but also was victim of it, the other ppl involved were givin public defenders and because of a conflict of something the state had to hire me a private attorney becuz the public defenders office wouldnt represent both of us) when i went to court for first appearence, i ended up with a public defender, the prosecutor offered him/me 6 months in jail but no withheld judication so i just had them reinstate probation and they added a curfew and changed it to drug offender probation.. but still gave me withheld judication and at the time i thought that was the best way to go... then after accepting the deal i realized i could of done the time and just got it all over with and had my record expunged now im having trouble getting a job.... i have stayed in contact with that private attorney he still talks to me when im conserned about something and told me if there was anything i needed to call him... now him being friends and all with the prosector is there any chance of them withdrawing my plea entering a new plea of guilty and serve 3 months or less minus my 15 days already served..?

    sorry if it sounds confusing but im sure yall canfigure it out ?? ANY HELP WOULD BE APPRECIATED!

    thanks

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,658

    Default Changing Deal After Plea & Sentencing

    As you're not claiming mistake, misunderstanding, innocence, or any other extenuating circumstance which would justify revisiting the plea deal, it is unlikely that a court would be sympathetic to any such motion. "I don't like my sentence" isn't a reason courts find particularly compelling, particularly when you get what most would consider a big break - withheld adjudication even after you violated probation.

    Also, there is no guarantee that you would get straight jail time if you were resentenced. You could get a combination of jail and probation which would leave you more or less where you are now (except you would also have spent time in jail).

    Further, there is no guarantee that a court will be sympathetic to your request for expungement, particularly if it is made immediately after your discharge from probation. While Florida law does not require that you wait to apply, a multi-year period without any new offenses typically makes the petition more compelling to a court.

    Given that your defense attorney still talks to you, and is willing to entertain your questions, these are issues you should resolve in consultation with him.

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