Vacating A Homicide Plea Bargain
My question involves criminal law for the state of: North Carolina. I am looking into filing a Motion for Post-conviction relief for someone convicted 16 years ago. I live in another state. No attorney in NC will even call me back. The person I am looking to file for was convicted of multiple crimes in 1992 as a result of a plea bargain. He was lied to in the offer. The plea included crimes he wasn't guilty of. He took the plea because they told him he would only get 10 years. Now, 16 years later, he still has 20 years before coming eligible for parole. I would like to help him get the charges taken off that he is not guilty of. He does not have a problem with paying his debt to society for what he did. It is the other three charges that he has a problem with. Where would I get one of these forms and how do I go about filing one and where would I file it? Any help on this matter would be appreciated.
Re: 2nd Degree Plea Bargain
Do you have new evidence that proves his innocence? DA don't like reopenning cases they won.
Re: Vacating A Homicide Plea Bargain
As part of the plea bargain, they added charges that his co-defendant committed, for which he was not guilty. He co-defendant (step-father) committed them on his own and without his prior knowledge or help in any way. As part of the plea agreement for which he was only supposed to get 10 years, the other crimes were added to his crimes so that both defendants were convicted for the same crimes, although the physical evidence points to only the guilt of the co-defendant. It's not new evidence. Had a jury actually heard the evidence, it is highly unlikely that he would have been convicted of alot of it. He is guilty of one of the five crimes. The second that he is guilty of, he was convicted of a higher offense than what he committed. In answer to your question, though, there is no new evidence. It's old evidence that was never heard.
Re: Vacating A Homicide Plea Bargain
When he testified at his plea hearing, under oath, that he committed the crimes to which he was pleading guilty, he undermined the chance that he could later point the finger at his co-defendant for the crimes he was confessing to have committed. Further, waiting sixteen years before raising the issue doesn't leave much chance that a court will be interested in his regrets over his plea deal. Also, you don't get to pick and choose which parts of a plea bargain you challenge - if he were to have his plea bargain set aside, it would be the whole deal, and he could be prosecuted and sentenced on the basis of all original charges.
I'm not sure what you mean by "one of these forms". Trying to set aside a conviction typically involves extensive research and briefing. There's simply not a form that you can fill out for every need and occasion.
How did you meet this guy? I should mention that there are a lot of prisoners serving long terms who insinuate their way into lives of people on the outside, with claims of wrongful conviction or injustice, in order to get attention, sympathy, and in some cases gifts.
Re: Vacating A Homicide Plea Bargain
Actually, I've known him since Kindergarten. We've been friends over 30 years and he is also good friends with my spouse. We're probably the only friends he has left. He tried on his own to appeal it and was unsuccessful. He started trying to appeal when he was sentenced to a much larger sentence than what he agreed to. I'm perfectly willing to pay a lawyer but none will call me back. I've not been in trouble myself, nor am I familiar with the law in North Carolina, but I have read about case after case similar to structure of his that has been overturned. RIght now, I'm trying to find what options I have.
Re: Vacating A Homicide Plea Bargain
There are a few former DAs and ADAs practicing in Raleigh, NC as criminal lawyers; funny how that works, huh? We can't give referrals on the board, but I know 3 of them and they do fantastic work. All three will talk to you over the phone about the case, but may want permission from the convicted. Two of the ones I am thinking about will give you general information regarding these trials and how they play out.
If you check a Raleigh phone book they may be willing to talk to you all for 15-30 minutes. Chances are that 15 minutes will save you and your friend tens of thousands of dollars. ...and if you ignore the lawyer's advice you will have bought their daughter or son a new car.
If you have researched the Innocence Project you have likely found that they may have some statistics or guidance for you.
Your friend did a crime, copped to a plea, had guidance from an attorney, and has to pay the time. Jail sucks and, as I read in a Maxim magazine "Prison is no Sandwich"