Q: My Public Defender LIED about what 'adjudicated' meant to get me to plea guilty. Is there a Statute of limitations?
REVISED. 25 yrs ago I was arrested with a serious charge. My PD was Mad because I wouldn't plea. I Firmly stated I was innocent and only plea, NOT guilty! The Judge's counsel, however, was, 'one never knows how a jury will vote, so if the outcomes bad [jail] perhaps a plea is best.' My PD explained the Judge would 'Withhold Adjudication' of the charges IF I went with his deal. I was told that meant, this would NOT be seen.. NO public record. He LIED!
Recently, an issue occurred and the police ran the tags of all the cars in the parking lot, including mine, SAW this on my record and are now revealing the charges I was told 'NO one would see', to those they see me with.
A revised Q is, 'Can police reveal a Withhold agreement for spite?'
I would NEVER have agreed to plea had I known this could be accessed.
I have a Med Cond and don't/didnt process normally. Is there ANYTHING I can do, NOW?
A: I'm wondering if you actually had an adjudication of guilt or instead a withhold of adjudication. Both phrases have the word "adjudication" in them, but are completely different. An adjudication of guilt equals a conviction. A withhold of adjudication (often referred to simply as "a withhold") means no conviction, but the court imposes whatever penalty was agreed to in the plea deal (such as a fine). If it was a withhold, and your lawyer conveyed that you would have no criminal conviction on your record, it would not be a lie - though he should have also advised that a withhold is also on the public record. However, if it was a withhold, you might be eligible for an expungement (destruction) or sealing of the record, even today!
Terrence H Thorgaard agrees with this answer
1 user found this answer helpful
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