The trial is over. I think attorney did not ask that the charges ber removed due the fraudulent affivit for seach warrant. As I said he have me siugn papers I could not nor undersand due to my poor help and this well before the trial. The charge on the faudulent Affidavit was removed but the latter three were tried and I received adjudication withheld and I did my probation until the Judge removed Probation due to my poor health. I feel the Supreme Court of Florida acted upon the papers my attorney had me sign and that was before the trial itself. I spoke to an attorney in the past (this all happened in 1999)and he told meit wold take gpoong to the Supreme Court to remove their derogatory statements and clear my name. Please ask me any thing further. I was first on SSD and later the VA as a 1`00% permanently disabled Viet Nam Vet.
It appears that the previous attorney has been unavailable for awhile. Assuming you still want to proceed, I'm a Florida criminal defense attorney and I'd be happy to help. However, I need a few things clarified first.
1. In the initial post you indicated that you were "cleared" of all charges. You later stated you received a withhold of adjudication. Even though it's a withhold, that is still different from being "cleared". Which is correct?
2. When did this happen?
3. You mentioned suing the Supreme Court. Why? How was the Supreme Court involved?
This all happened in 1999. I was already declared disabled by the SS at that time. It is too late to go back to the trial counrt. I feel the Supreme Court ruled wrongfully against me due to the papers my then attorney had me sign (which I could not read or understand) and latter after that the Trial Court ruled Adjudication withheld.I was given only probation for a while but even that was dropped by the Judge due to poor health. After that I went to VA and fund to be 100% permanently disabled from the Viet Nam War. I contacted an attorney years ago when I had only SSD and he needed a $1,000.00 deposit which I could in no was ws able to pay then. This will have to be correct by the Supreme Court of Florida. I want my name cleared so I do not the history shown on google and I would also like to be shown as a retired Florida Attorney. Thank you. XXXXX who heard my case is very friendly towards me and he is still on the bench...Circuit Judge Michael Hutchinson. Thank you and I await for you answer about going to the Supreme Court to get his matter cleared up which I ws in the past that it could and the Supreme Court often rules with a heavy hand when it not appropriate. Thankyou and I await your reply.
Thank you for the additional information, it was most helpful. Now then....
Based on what you have stated thus far, I do not see that you have a viable cause of action against the Supreme Court. One problem is that, as stated previously, judges are generally immune from any type of lawsuit. This is a significant burden that I do not believe you can clear. Another problem, and even more definitive, is any applicable statute of limitations. While limitation periods vary, this took place around fourteen years ago, well past any limitation established in Florida.
You might consider a different course of action. As you received a withhold of adjudication, you may be eligible to have your records sealed. If so, you could pick up a sealing packet from the clerk of court and fill it out and then send it to the Florida Department of Law Enforcement (FDLE). FDLE would then review your information and determine if a certificate of eligibility was appropriate.
.I hope you found my answer helpful. If so, please click on "OK", "Good" or "Excellent" service. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Even if you are a subscription member, you will need to click on one of the positive indicators. Your question will not close, and you will still have the opportunity to follow-up if needed. .If you are not yet satisfied with my answer, please do not yet rate my service. Instead, please click on the "Reply to Expert" and let me know what else I can do for you. Please only rate my answer when you are fully satisfied..Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line..Leaving a bonus is not required but doing so is certainly appreciated! Thank you and good luck.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).