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Jmccen

Looking for remedy.Possession of firearm

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State of Florida, 1977. I pleaded no contest to a larceny charge. The judge withheld adjudication and imposed 2 years probation. I left the state to find work. A violation of the terms of probation. 1982 I returned to the state and turned myself in to authorities. I reappeared before the court on the 1977 case. Again the judge withheld adjudication and imposed 1 year probation, which I completed successfully. Fast forward to June 2016. I've been charged in the state of Connecticut with possession of a firearm by a convicted felon. Connecticut doesn't have a withheld provision in their statues. However they reciprocate the standing from Florida. The problem I'm facing is My FDLE report shows 1977 case as withheld adjudication, next entry is "probation violation. Adjudication unknow" The prosecutor is insisting that the probation violation constitutes a conviction and is not acknowledging the 1982 court ruling on the 1977 case in which adjudication was once again withheld. I am facing a mandatory minimum 6 year sentence. I've lived 34 without considering myself a convicted felon. Was I grossly wrong? Any advice on how to remedy my present situation in the state of Connecticut ?

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I have hired an attorney.......I suppose "GOOD" is the operable question I have at this point.. It seems as though no one involved in my case has had any experience with the adjudication statutes in Florida and to further complicate the case, the Florida statutes have changed many times since 1982. The online access to Florida statutes only go back to 1997. I have personally obtained the court rulings on my case from the clerk of courts. I have talked to a States attorney in Florida to see if they would clarify my criminal standind for the local DA. She seemed amused. Stated that " The FDLE report clearly states the ruling of withheld adjudication which should be understood by any attorney" ????? Should I start looking for a Florida attorney that can practice law in Connecticut and retain him? I'm not rich.        

Edited by Jmccen
text added and spelling corrected

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Your issue is conflict of laws.  You need an expert witness who is schooled in Florida criminal laws to explain to the Connecticut judge the substance of Florida law on deferred or suspended adjudication.    The witness would probably be a Florida attorney experienced in Florida criminal law and procedure.  He or she need not be licensed to practice in Connecticut because he or she would not be acting as your attorney in the case.

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