Defendant was arrested for Driving While License Suspended (DWLSR) and sentenced to probation. Without the assistance of counsel, Defendant entered a plea of No Contest on the charge of DWLSR, a second-degree misdemeanor. The Defendant’s plea was accepted and he was sentenced to a period of twelve months probation. Police located an active warrant for the Defendant on a Violation of Probation Charge and arrested him at his residence. He was transported to jail and held without bond.
RESULT: After reviewing our Client’s plea, we recognized his twelve-month probation exceeded the six months maximum period of probation allowed under Florida Law for a second-degree misdemeanor. The Attorney filed a Motion for Post Conviction Relief on behalf of our Client. As a result of our efforts, the Court dismissed the Violation of Probation warrant. The original sentence, which our attorneys discovered was illegal, was set aside; our Client was resentenced to Adjudication Withheld and time served on the DWLSR 1st offense.