Asked in Criminal Law and Appeals / Appellate Law for Florida

Q: Sister w/brain tumor plead guilty to battery (often confused, no speech Is this even legal? See addendum below

+ a week after pleading her ex filed a 'motion to set aside' injunction, in it he admitted that he was up in her face for 2hrs screaming/begging/demanding her to "Hit me, B*tch".

In light of his recent admission and the fact that she doesn't even know the date half of the time, does she have any grounds to appeal?

2 Lawyer Answers
Gary Kollin
Gary Kollin
Answered
  • Criminal Law Lawyer
  • Fort Lauderdale, FL
  • Licensed in Florida

A: In order to take a plea there is a verbal ok nquiry by the judge. If she can't speak it sounds doubtful that a plea could have been taken.

Essentially it sounds like she would need to seek to have her plea withdrawn.

If she wants it she needs an attorney who represents her.

Shiobhan Olivero
Shiobhan Olivero
Answered
  • Criminal Law Lawyer
  • Brandon, FL
  • Licensed in Florida

A: There is a very specific time-limit to appeal or to withdraw a plea. She should contact an attorney immediately, as the times may have already passed. More information is needed to properly answer the question on whether she can appeal or withdraw her plea.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.