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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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  #1  
Old 10-28-2008, 04:00 PM
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Join Date: Sep 2008
Location: Florida
Posts: 22

Curious about my charges...


What is the name of your state (only U.S. law)? FL

I won't make this to long, thank you in advance for reading my post. My wife and I are in the process of obtaining temporary gaurdianship of our 13 year old neice who has been in Ohio foster care for the last 9 months. We had to do the finger print thing and back ground check with the FBI. Had our in home inspection and was advised that an arrest came up for me in 1996 for Domestic violence. I was a bit stunned as I was told in 1996 it was adjudication withheld.

I had to get proof I took an anger management class. With that I decided to check out the original police report, it states I was charged with aggrevated batterey with a deadly weapon on the county search, however there is NOTHING in the original policy report about any sort of weapon (as there was no weapon, it didn't happen)

Basically, I was dealing with an ex spouse who was having an affair and wanted me out of our home. When I got home from work that night, there were officers in my driveway, when I got out and asked what was going on, I was read my rights and arrested for domestice violence. I spent 21 days in jail while my so called attorney sat on his hump. After going to court and hearing his excuse for a defense I asked to speak, the Judge allowed me to speak. I proved that I was on the clock when this so called incident happend, the responding policy officer said he found 10 finger marks on her neck...I held up my hands showing I only had 7.5 fingers.

So I was released and on 1 year probation and anger management. Listen I was young at the time and bitter about the divorce. I haven't thought about this in years. Now I am told this is on my record for 75 years??? Call me ignorant, but I thought everything was thrown out. Though it has been since 96, can I do anything to get this removed?
Thanks!
  #2  
Old 10-28-2008, 04:06 PM
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Join Date: Jan 2005
Posts: 21,711
So, you presented irrefutable proof that it COULD NOT have been you who injured your wife, but you still served probation and took anger management
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  #3  
Old 10-28-2008, 04:59 PM
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Join Date: Sep 2008
Location: Florida
Posts: 22
I knew that was coming
Ok, again, I was very young and very angry about the entire mess from the get go. I spent 21 days in jail and lost everything...At the time a plea of guilty was enetered, then the guilty plea was withdrawn and there was a judgement withholding adjudication, the same day I was released they advised me time served and ordered 1 year probation and anger management. I was getting out of jail and that was that. I just wanted to get on with my life and divorce her as fast as possible...
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