Reduction of plea post sentence

[Mikethomas]

What is the name of your state? florida

I plead no contest to 3rd degree felony drug possession (no intent to distribute) and two misdemeanors. Adjudication was withheld. I got 36 months probation with ability to end early at 18 month.
Afterwards my licensing authority for my career took away my certification and I have lost my career.

My co-defendent had the same charges but got 3 misdemeanors which resulted in 36 months probation. Early term at 18 months.

I somehow got a felony and my codependent didn’t. That felony has cost me my career but if it can be reduced to a misdemeanor, than I can practice again.

Is there anyway to do this? I am almost done with probation and want my old career back.

 

[xylene]

Bluntly, you will need to speak with your lawyer.

Could you elabrate on the circumstances of your arrest and prosecution.

You mention a codefendant - could you elaborate on that a little and if there were any differences in circumstances.

ADD: Did you understand the ramifications of the plea on your professional career?

 

[Mikethomas]

My codefendent lived in the house where drugs were found. We were charged with nearly identical charges. And no, I had no idea. I was told that a no contest plea with withheld adjudication meant I wasn’t convicted. I assumed a no conviction meant I would be ok in my career.

 

[xylene]

My codefendent lived in the house where drugs were found. We were charged with nearly identical charges. And no, I had no idea. I was told that a no contest plea with withheld adjudication meant I wasn’t convicted. I assumed a no conviction meant I would be ok in my career.

Was this your roommate?
How did you come to be charged?

Who EXACTLY told you the underlined?

 

[quincy]

My codefendent lived in the house where drugs were found. We were charged with nearly identical charges. And no, I had no idea. I was told that a no contest plea with withheld adjudication meant I wasn’t convicted. I assumed a no conviction meant I would be ok in my career.

A no contest plea is treated by the courts as a guilty plea. The advantage to a no contest plea over a guilty plea is that a no contest plea cannot be used in a civil action against you as an admittance of guilt. You are not disputing the charges against you with a no contest plea but you also are not admitting you committed the crime.

A withholding of adjudication means that no conviction has been entered and, if you satisfy all terms of your probation, you will not have a conviction on your criminal record.

HOWEVER, many licensing agencies have provisions relating to crimes that have had adjudications withheld and can act against licenses even when there has been no conviction.

In other words, the crimes that were committed are not erased.

Here is a link to a Florida Bar article on the problems that can arise for a defendant in choosing probation with withheld adjudication - and these problems probably should have been detailed for you by your attorney so you would have been fully informed before pleading. It should be noted that the article is from 2008 and there may have been some changes since this was written.

https://www.floridabar.org/news/tfb-journal/?durl=/DIVCOM/JN/JNJournal01.nsf/Author/2F9F93786DE74A9D852573DE006411A8

I am not sure at this point if there is anything you can do about your license but you might want to discuss your plea with an attorney - either the one who represented you earlier or, probably better, another attorney.

What license did you hold?

 

[Litigator22]

What is the name of your state? florida

I plead no contest to 3rd degree felony drug possession (no intent to distribute) and two misdemeanors. Adjudication was withheld. I got 36 months probation with ability to end early at 18 month.
Afterwards my licensing authority for my career took away my certification and I have lost my career.

My co-defendent had the same charges but got 3 misdemeanors which resulted in 36 months probation. Early term at 18 months.

I somehow got a felony and my codependent didn’t. That felony has cost me my career but if it can be reduced to a misdemeanor, than I can practice again.

Is there anyway to do this? I am almost done with probation and want my old career back.

To your misfortune the jaded phrase "for all intents and purposes" applies here in that your no contest plea to the felony counts constitutes a conviction of the crime as charged, regardless of being followed by a withheld adjudication.

See: Florida Statute Section 921.0021 (2) wherein the term "conviction" is defined as any determination of guilt that is the result of "a plea or trial" and the 2005 case of Sheldon Montgomery v. State of Florida where the Florida Supreme Court has ruled that the word "plea" as it appears in said statute includes nole contendere pleas to felony charges.

 

[quincy]

I think Mike's attorney might have failed Mike by not explaining to Mike's understanding what his plea would mean.

That Mike has waited until he is nearing the end of his probationary period to question the effect his earlier plea would have on his license, however, is problematic.