Q: I was arrested for leaving the scene of accident and resisting arrest without violence.
I plead no contest, and took the plea deal of time served (18 days).
Before the arrest, during the time in jail, and for 5 years afterwards, I was severely mentally ill (scrizophernia, bipolar disorder medications). Now I that my medication have been updated, I feel sane enough to be a productive member of the society.
I read the police report and it is completely not how it happened. I hadn't read it before I took the plea deal.
As per the law, can I get the case reopened? I have proof of all the mental rehabs, doctors notes, and how I wasn't able to protect my legal rights due to mental illness.
(Florida)
A:
Sorry to hear about your ordeal. It is possible to file a motion to withdraw a plea due to the plea being involuntary because of mental incompetence. However, due to the number of years going by and the (I assume) availability of the police report at all times, I believe you'd be facing very long odds for getting the motion granted. Don't rely on any online commentary (such as mine), though; schedule a consultation with a criminal defense attorney for evaluation of the issue.
Another issue is whether you can get the record EXPUNGED or SEALED. If you can accomplish that, there's no need to try to get the case re-opened (which could still result in conviction if you were to miraculously succeed on a motion to withdraw the plea). If the arrest resulted in conviction, you cannot get the record expunged or sealed, but if it instead resulted in a WITHHOLD OF ADJUDICATION, and you have no convictions at all in your record, you might be eligible for an expungement (also called expunction) or sealing of the record.
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.
