Signed Plea Agreement Under the Influence

[nicole78]

In 2005 I retained/paid a lawyer to represent me. My lawyer called me from court with a plea bargain , I agreed. I later met with him to initial all the right places and sign. At the time I signed the agreement I was under the influence of alcohol. Since I was drunk I don't recall much if any of this meeting to sign the contract. Is there any law that being under the influence of alcohol would be deeming you possibly mentally incompetent or something to that effect. I did not understand what I had signed and could not locate copy of contract and did not know what I had signed. Just wondering since I'm an alcoholic, now in recovery and sober and people do recognize as a disease if there was anything pertaining to that.

[Baystategirl]

You're kidding right??

[Mr. Knowitall]

You later became sober. You didn't call your lawyer and say, "I need to go over the plea agreement again, because I don't remember it."

You later went to court to plead guilty. You didn't object to the terms of the agreement.

You were sentenced, and probably have completed your sentence.

Now, two years later, you want to revisit you plea deal? If you were successful, the charge wouldn't go away. The prosecution would resume, but with no plea deal. But in my opinion you won't be successful, as you had plenty of sober time to think about the plea deal, made no objection to the plea deal in court, and made no effort to appeal from the plea deal or sentence.

[nicole78]

Will apparently I was placed on summary probation. While in treatment I contacted my case manger requesting a copy of signed agreement be mailed to facilty and never received. After completion, I contacted case manager and provided proof of compliance via fax. I have a confirmation fax report stating they received it ok. The case mgr. is no longer working for the firm. I continually contacted case mgr. requesting what else I needed to do and all calls were unanwered. After sending faxes i contacted firm receptionist to confirm receipt and asked if they needed anything else she said if so they would be in contact. Well a bench warrant was issued1/07 for violation of probation failure to pay fine and attend alcohol/drug program with the dmv. I obtained sr22 dmv said license suspended in 05 need sr22 and 120 to get license. So when i went to dmv with my sr22 they said they had no record i didn't need it and no fine. I still contined to carry sr22 and still do. So i thought i was ok there. attorney notified of bench warrant never contacted me. I never received notice of any benchwarrant and had changed my address with post office and dmv and lawyer had current info since numbers hadn't changed. I got stopped in march of 07 they ran my name and let me go never advised of warrant. I had thought this case to be resolved.

[panther10758]

Your sentence is a matter of public record and if your Attoreny would not return calls. (you had not paid for additional service thats why no call I am guesing) all you need to do is search court website or contact court yourself! Its your duty to know, understand and follow the conditions of probation. Your a recovering alky great so am I over 21 years sober part of your recovery is making amends and honesty. Time to start either face the judge with your story and hope for the best or hire another Attorney. Far as plea deal was it bad? If not then your being drunk has little to do with it nor cam you prove you were drunk that day.

[nicole78]

I wasn't aware it was a matter of public record. I honestly thought that I had complied and was finished. Yes it is ignorance on my behalf which cost me a 50,000 bail. I just can't understand how I never recieved notice of warrant I'm the easiest person to pick up on such thing. Had I known of warrant I would of cleared it up right away. When I was pulled over 2month after the issuance with a witness in the car I can't believe the officer either, didn't arrest me there and then on it or at least advise me of it.

AS far as pleas go good deal and I'm happy/satisfied with my attorney to an extent there is alot more little things. I did get my probation reinstated. I was just curious about the laws regarding obligation to understanding agreement of terms and conditon without really having any recollection of what was agreed.

[panther10758]

Your problem is you cannot prove you were drunk at the time nor can you say the plea deal was a bad one. Public record or not (which it is) if your Attorney was not returning calls you should have contacted court.

[Mr. Knowitall]

In a standard plea hearing, you testify before the court that you understand the terms of the plea agreement.

Again, what is it that you hope to accomplish? It sounds like you got a good deal, and stayed on summary probation even after you violated your probation. Your goal is to throw away that deal and your time on probation and take the case to trial? That is the consequence of successfully withdrawing your plea.

[nicole78]

I was never present for plea agreement in court.

I hope to accomplish nothing I'm going to comply, complete and be done with it all. I'm just curious about questions that have come up in discussion with other individuals concerning my case. I know I got a killer deal at a killer price since I had priors out of state. I believe my deal to be to good to be true. Someone had mentioned they thought to be some sort of law in place again, clueless here, that if you did not understand a legal document you have signed that you can't be bound to it. I, myself, thought it was crap and just wanted opinions of all kinds.

[panther10758]

Your presence was not required because you signe dplea deal and your Attorney appeared on your behalf with signed plea deal. I did same thing nearly. As stated I am a recovering alcoholic of over 21 years I had five drunk driving arrests and four convictions. On my second my Attorney advised me that one I had run out of monies and two this was not a winner case. Since I had a Doctors appointment on my next court date my Attorney prsented to me (in writing) a plea deal. She would present it to court and if accepted it was all said and done. She went to court (without me) presented plea deal to judge he accepted and it was over. Summary probation for two years, fines and two weekend sin jail. Not bad for second offense. But my point is no you did not have to appear as your signature sufficed as your acknowledgement you understood plea deal and what it meant.