I'm sorry if this is long, but I wanted to give all the information I could.
Facts:
In 1991 I went through a divorce in Florida. My ex-wife filed battery charges against me. The case went before a judge and the I pleaded nolo contendere and adjudication was withheld. I served four months probation and paid a fine. I moved to Virginia in 1996. Since 2000 I have purchased two long guns and a handgun from gun shops and have always passed the background checks. This week I applied for a CCW and when I went to be fingerprinted was told by the deputy that I do not have the rights to even own firearms because of the violence against women's act http://www.letswrap.com/legal/firearms.htm
My Story about the above case:
My ex was mad at me because I would not sign over everything to her and her boyfriend. She needed leverage, so filed charges after I moved out of the house. The summons was sent to my former address and was not given to me. I was picked up on a bench warrant for being a fugitive from justice. That charge was dropped.
My attorney told me that battery was impossible to defend against because evidence was not needed and it was her word against mine. Also, I drew a judge that was unfriendly to someone facing this charge. This judge was actually removed from the bench for judicial misconduct a few years later. I took my lawyer's advice and pleaded no contest. I served probation, paid my fine, and have not been in any trouble before or since. My former attorney can be of no assistance since he was indicted for embezzlement of an elderly person's estate.
My problem:
At this point I do not care if I get the CCW or not. I do not want to lose my rights to own firearms.
Research:
From everything I can find, Adjudication Withheld with a plea of no contest in Florida means that I have not been convincted of a crime and can truthfully say that.
Florida would allow me a CCW since three years have passed. http://licgweb.doacs.state.fl.us/weapons/eligible.html
I have ordered a copy of what is left of the decision in the battery case. The original file was destroyed in 1996. I have went online and paid for the Florida criminal records check, and it came back with everything stated in the facts section of my post.
Questions:
Where do I go from here? Has anyone else had this problem, and if so how was it resolved? I was so upset about this that I could not sleep last night. I have given all this information to the Sheriff, but I don't think that's going to help. He's supposed to call me back sometime in the next week. Should I even talk to him, or should I just get an attorney that I really can't afford?
Thank you for taking the time to read this.
Michael
Facts:
In 1991 I went through a divorce in Florida. My ex-wife filed battery charges against me. The case went before a judge and the I pleaded nolo contendere and adjudication was withheld. I served four months probation and paid a fine. I moved to Virginia in 1996. Since 2000 I have purchased two long guns and a handgun from gun shops and have always passed the background checks. This week I applied for a CCW and when I went to be fingerprinted was told by the deputy that I do not have the rights to even own firearms because of the violence against women's act http://www.letswrap.com/legal/firearms.htm
My Story about the above case:
My ex was mad at me because I would not sign over everything to her and her boyfriend. She needed leverage, so filed charges after I moved out of the house. The summons was sent to my former address and was not given to me. I was picked up on a bench warrant for being a fugitive from justice. That charge was dropped.
My attorney told me that battery was impossible to defend against because evidence was not needed and it was her word against mine. Also, I drew a judge that was unfriendly to someone facing this charge. This judge was actually removed from the bench for judicial misconduct a few years later. I took my lawyer's advice and pleaded no contest. I served probation, paid my fine, and have not been in any trouble before or since. My former attorney can be of no assistance since he was indicted for embezzlement of an elderly person's estate.
My problem:
At this point I do not care if I get the CCW or not. I do not want to lose my rights to own firearms.
Research:
From everything I can find, Adjudication Withheld with a plea of no contest in Florida means that I have not been convincted of a crime and can truthfully say that.
Florida would allow me a CCW since three years have passed. http://licgweb.doacs.state.fl.us/weapons/eligible.html
I have ordered a copy of what is left of the decision in the battery case. The original file was destroyed in 1996. I have went online and paid for the Florida criminal records check, and it came back with everything stated in the facts section of my post.
Questions:
Where do I go from here? Has anyone else had this problem, and if so how was it resolved? I was so upset about this that I could not sleep last night. I have given all this information to the Sheriff, but I don't think that's going to help. He's supposed to call me back sometime in the next week. Should I even talk to him, or should I just get an attorney that I really can't afford?
Thank you for taking the time to read this.
Michael
