Summary
To retract or appeal a plea agreement in Florida, file a motion to withdraw the plea before sentencing or a motion to vacate within two years post-sentencing. The plea must be shown as involuntary or unknowing. Communicate your sons mental state to his attorney or the court. If the Public Defender is unresponsive, consider filing a complaint with the Florida State Bar Association. Consult a local attorney for specific advice.Full Conversation
St John's Cty Fl
In order to appeal a plea agreement in Florida, you would need to:
- File a motion to withdraw the plea before sentencing.
- After sentencing, file a motion to vacate the plea within two years.
- Show that the plea was not made voluntarily or knowingly.
Please consult a criminal defense attorney for specific advice.
He's signing the agreement in just a few minute in which the PD strongly suggests. My is a battered man and rt now is severely depressed and intoxicated while covering up a panic attack
I understand your situation. It's crucial to immediately communicate with your son's attorney or the court about his condition. He must be in a suitable state of mind to give a voluntary and knowing plea. If he's not, this could be grounds to challenge the plea later.
I did tellhis PD the reason for me pushing him in a wheelchair was because he's on a new medication and that it's not agreeing with him.
I see. It's important to ensure that this information about his condition and its potential effects on his understanding and judgment is documented. Consider asking the Public Defender to note it in the case file. This could be relevant if there's a need to appeal the plea later.
The PD told me this end of the case and it's my son's decision to plea or go to trail against advice.
I understand your concern. If your son decides to plead guilty, it's crucial he understands the implications. If he's not in a suitable mental state, it might be possible to challenge the plea later. Please consult a local attorney for specific advice.
I have tried contacting the od outside of crt for months now explaining that I have several things that I believe would help my son's case. He pretty much refuses to speak with me
I'm sorry you are experiencing this. It's crucial to get legal advice from a local attorney. If PD is unresponsive, consider filing a complaint with the Florida State Bar Association. They regulate attorney conduct and could provide assistance.
I'm scared of saying anything else here in crt about my son's depression and intoxication because I don't want him arrested for drinking so his will survive
I understand your fear. However, it's crucial for your son's defense that his mental state is accurately represented. If possible, consult a different attorney for guidance on how to communicate this to the court without jeopardizing your son's situation.
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