Can you get a withhold for a misdemeanor battery with priors & can you seal it? ~ "Best Answer" on AVVO.com ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1
Q: Likelihood of having adjudication withheld in misdemeanor battery? I was recently arrested for a bar fight which resulted in a misdemeanor battery charge. I was not taken to jail and was released with a citation and a court date. I've had two other misdemeanor charges which both resulted in nolle prosequi, one for riding a motorcycle without endorsement, and one for driving an unregistered vehicle. Both of these were several years ago. Seeing as this was my first ever violent offence, I'm hoping best case scenario, I'll be offered pre-trial intervention, or at the very least a withholding of adjudication and probation. So I have two questions, one, does this seem likely given the circumstances? And two, from what I've researched, as long as they withhold adjudication, I should be able to apply to have the record sealed, correct? Or will the prior misdemeanors preclude that?
3) Your chances of accomplishing #1 and # 2 above will exponentially increase if you have a skilled and experienced 516 area criminal defense attorney representing your interests.
In fact, before you dig the hole and begin to nail down your coffin consider that you might not enjoy viable defense(s) to your charge, affirmative or otherwise, or that there may be factual, legal, procedural or substantive mechanisms by which to attack and beat the charges in your unique case. There may be aggravators or mitigators which can effect the sentence. There are just too many factors to consider to venture an educated guess on line.
My advise: Get offline and into a skilled and experienced Boynton Beach area criminal defense lawyer's office. Use the "Find a Lawyer" feature on AVVO to locate proximate lawyers, make an appointment, show up on time, bring whatever evidence, documents or witnesses that you may have, engage in a meaningful face-to-face consultation and get yourself some advise which is legally sound and has been custom tailored as possible to meet your specific reasonable needs in your unique case.
I hope that I have been helpful in answering your question.
First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.)
For more than 23 years Michael A. Haber, P.A. has been providing creative, effective and zealous advocacy and counsel in cases ranging from DUI to drug trafficking and from misdemeanors to first degree murder.
At Michael A. Haber, P.A. "Its all about reasonable doubt"!
Michael A. Haber, Esq. is prepared to speak with you about your case!
THIS BLOG POST (AS ARE ALL OF HABERPA BLOG POSTS) IS A PUBLIC SERVICE ANNOUNCEMENT WHICH IS PRIMARILY DESIGNED, BY WAY OF REAL WORLD EXAMPLE, TO ASSIST THE GENERAL PUBLIC IN AVOIDING CONDUCT WHICH COULD FORESEEABLY RESULT IN ARREST AND PROSECUTION!
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