Petitions to Vacate Guilty Pleas

Petitions to Vacate Guilty Pleas are governed by Florida Rule of Criminal Procedure 3.172; In situations where clients have decided to plead guilty to a criminal charge rather than exercise their right to be tried before a jury a judge must make sure under this rule of criminal procedure that the client's plea is voluntary;

Many times prior to the time a judge at a change of plea hearing asks the client if his plea has been voluntary, clients are not accorded the proper advice by lawyers and they plead guilty to a felony and in some cases a misdemeanor without being told that there can be many adverse consequences after a plea of guilty to such crimes; these consequences can include the right to own a weapon, the right to vote, the right to have a driver's license, the possibility of civil commitment after a jail sentence in certain sex offenses or the right among others to legally remain in this country after a plea to a felony involving moral turpitude or a misdemeanor involving domestic violence;

Many lawyers are unaware that guilty pleas which result in adjudication being withheld under state law (non convictions) are still considered a conviction for federal purposes even though they may believe that no conviction would be imposed in such cases.; these are unfortunately mistakes which must be rectified; a skilled lawyer who is hired by a client to correct the mistake of a previous lawyer must be aware of the time or limitation period which confronts the client who has plead guilty before no further relief is available.

More Information On Grand Jury Investigations In The State Of Florida From Federal Criminal Defense Attorney, Michael B. Cohen