Rejected Plea Because of Ineffective Counsel

[feelingloco]

My question involves criminal law for the state of: Pennsylvania

3 counts theft by deception M1.

Rejected plea deal of charges reduced to M3 probation/restitution because my lawyer didn't tell me there is a mandatory minimum of 1 year for theft by deception. in PA.
I asked my lawyer and was told me there was no mandatory minimum.


I face sentencing in less than a month.
I just was googling my charge today and discovered that THERE is a mandatory minimum.

18 Pa. C.S. §3922 Theft by deception 1 year imprisonment (unless court finds
justifiable cause)


I called my lawyer and she told me she couldn't believe that. Told me to send her the link.

She then said she would cite HERSELF for ineffective counsel if that was true and ask them to let me take the plea...

I'm reeling... I only went forth with a trial (bench) because I was so convinced that my innocence would be easily proven.

Advice ?

[free9man]

If you are innocent, and believe that it is easily proven, why on earth are you wanting to take a plea?

Depending on your record and the amounts involved, I don't see you getting a lot (if any) prison time. Was the plea to drop the 3 charges to a single M3 count or 3 M3 counts?

I don't believe those are actually mandatory, based on my research of the statute, but maximums given that a M3 TBD charge is for a value of $50 or less.

[feelingloco]

If you are innocent, and believe that it is easily proven, why on earth are you wanting to take a plea?

Depending on your record and the amounts involved, I don't see you getting a lot (if any) prison time. Was the plea to drop the 3 charges to a single M3 count or 3 M3 counts?

I don't believe those are actually mandatory, based on my research of the statute, but maximums given that a M3 TBD charge is for a value of $50 or less.

Well it turns out that's only a mandatory minimum if the accuser is over 60.

I would have accepted the plea for 3 counts of M3 had I also know that each count of M1 is a possible max of 5 years in prison !

I didn't know this when my lawyer called to inform me of the plea deal.
When we went to court I hadn't said yes or no to the plea deal.
I asked my lawyer if she thought we could ask for restitution plus less probation.
She walked over to the prosecutor, said something to make her mad and the prosecutor rescinded the offer suddenly. The prosecutor then screech she would ask for jail time.

If that ineffective counsel ? I did not know the possible length of prison when she told me about the deal. Nor did I understand that an M1 in PA is a Federal Felony.

[KeyWestDan]

Only an attorney really can give you advice.

However, it does not sound like you actually plead guilty. You have to articulate the charge before the judge before the court will accept the plea.

If you think you can prove innocence or at least establish the state has not proven their case beyond a reasonable doubt, I would fight it.

The state always overcharges if they can, as that is how they get plea bargains, by then reducing the charge to what it should be.

Keep in mind that every crime has multiple elements and the state must prove them all. If they can't you should go to trial. I would go with a jury trial. The state hates jury trials.

[free9man]

Well it turns out that's only a mandatory minimum if the accuser is over 60.

I would have accepted the plea for 3 counts of M3 had I also know that each count of M1 is a possible max of 5 years in prison !

I didn't know this when my lawyer called to inform me of the plea deal.
When we went to court I hadn't said yes or no to the plea deal.
I asked my lawyer if she thought we could ask for restitution plus less probation.
She walked over to the prosecutor, said something to make her mad and the prosecutor rescinded the offer suddenly. The prosecutor then screech she would ask for jail time.

If that ineffective counsel ? I did not know the possible length of prison when she told me about the deal. Nor did I understand that an M1 in PA is a Federal Felony.

A state statute can never be a federal felony...but there could be a similar federal charge.
I don't believe what you described rises to the level of ineffective counsel. She did what you asked, it just didn't work out but I'm not 100% on the thresholds in court for determining IC.

[Mr. Knowitall]

If I understand, you rejected a plea bargain because you believed that the worst sentence you would get after trial was probation - even though you knew the statute provided for possible jail time. You never actually accepted or rejected the offered plea bargain - it was revoked by the prosecutor prior to trial. You lost your trial and were convicted, and now you've discovered that the statute has a mandatory minimum due to the age of the victim. Is that about right?

I'm not seeing how you can convince a court to retroactively follow a plea bargain that you did not accept, and that was revoked by the prosecutor before you responded. If you're insisting that you're innocent, it also should be noted that you have to confess under oath as part of a guilty plea.

[feelingloco]

If I understand, you rejected a plea bargain because you believed that the worst sentence you would get after trial was probation - even though you knew the statute provided for possible jail time. You never actually accepted or rejected the offered plea bargain - it was revoked by the prosecutor prior to trial. You lost your trial and were convicted, and now you've discovered that the statute has a mandatory minimum due to the age of the victim. Is that about right?

I'm not seeing how you can convince a court to retroactively follow a plea bargain that you did not accept, and that was revoked by the prosecutor before you responded. If you're insisting that you're innocent, it also should be noted that you have to confess under oath as part of a guilty plea.

Yes, you summed it up well.

I will appeal. But I have this growing horror that it will have to be appealed up to the top.
Seems like such a simple case from a legal standpoint.
Which is why my lawyer advised a bench trial would be smart.
I can't WAIT to read the judge's opinion for her guilty verdict when we appeal.