An Unjust aggravated assault charge

About 2 years ago I was involved in an argument with my girlfriend at the time and her ex-boyfriend. No one was hurt or injured but in the hest of the moment I broke 2 laptop computers of hers, some cuss words and vowed never to see her again. She called the police & filed a police report. To make a long story short – I landed in jail with aggravated assault and criminal mischief charges.My first offense ever in my life I hired a lawyer. My lawyer got me 3 years probation and $6000 in restitution to pay her back! Can I ask for a reevaluation of my case? What can I do to put this behind me?

Asked on June 16, 2009 under Criminal Law, Florida

Answers:

M.S., Member, Connecticut Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you have been sentenced to three years probation and restitution, you must have entered a plea.  When you enter a plea, the judge is supposed to ask you certain questions and inform you that you are waiving your right to appeal.  Assuming that the judge asked you the appropriate questions, the general rule is that you can not re-open a plea once it is accepted by the judge.  At this point, you can contact the court reporter's office and order a transcript of your plea and sentencing and retain a new attorney to review it to see if there is any basis for it to be re-opened.  However, barring any grave mistakes made by your former attorney or the judge, the best thing you can do at this point to put the matter behind you is pay the restitution and not violate the terms of your probation.

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

No, I don't think you can't ask for a re-evaluation of your case, or appeal it, unless your sentencing was very recent, within the last month or so at most.  Even if it's possible, you'd need some reason for the appeal, and I don't see that in your question, the plea agreement that your lawyer got for you doesn't sound unreasonable based on what you've said.

I don't have all the facts of your case, and I'm not a Florida attorney.  For advice you can rely on, you would need a full consultation with a lawyer in your area.  One place to look for counsel is our website, http://attorneypages.com


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