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Rule 11 Compliance
My question involves criminal law for the state of: RI
My brother was convicted to possessing more than 3 images of child pornography. There was a previous conviction 13 years before for lewd behavior. He plead guilty on that charge. That previous conviction "enhanced" his current sentence to a 10 year minimum. Without the previous charge, it would have been around 24 months. I was unable to obtain transcripts for that 1995 trial. He was not interrogated by the judge in open court as the Rule 11 requires. I am wondering what it would take to get that 1995 conviction vacated due to Rule 11 violations thus reducing his current sentence to the recommended 24-30 months without the "enhancement" of the prior. Thank you.
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Re: Rule 11 Compliance
If you don't have transcripts, how do you know that R.I. Super. Ct. R. Civ. P. 11 wasn't followed? Typically, you are expected to bring any attacks on a plea or appeals from a plea within a limited period following the entry of the plea, and in most states a wait of thirteen years would prevent collateral attack. Unfortunately I don't have access to the rules so as to look into time limits - they don't seem to be available through the court website - but even if I did I would be telling you this: If you're serious about this, help your brother retain a good criminal defense lawyer, who spends a lot of time on post-conviction issues, to assist with this effort.