If there were children in the house and those same children were scared to move in case you would hear them, that is criminal confinement.
In other words, they knew YOU were there.... that's enough.
If there were children in the house and those same children were scared to move in case you would hear them, that is criminal confinement.
In other words, they knew YOU were there.... that's enough.
Yes I know what the law says and my arguement is going to be that the law ITSELF is retarded. That is what these law people always do- call something something that it is not and then they justify it by saying well thats the law so you are. Ok well the law is wrong for designating that. And actually they designate me as a sex offender not sex or violent offender. Watch check me out on the registry my name is Paul Constantinescu.
Yea i think your right about that thats how they are getting me dammit.
So your defense to the crime you admitted to is that while you were committing a crime, you effected more people that you realized. You, therefore, shouldn't be penalized for people you didn't know where there.
this is the same defense used when someone shoots into a home and accidentally kills a child.
It doesn't work there either.
Your attorney TOLD you to do one thing. You did another. You had adequate legal representation, you were just too pig-headed to listen to it. The court isn't about to give you do-overs and appoint a different attorney - why would you listen to one this time? It's not a mistrial or problematic from a due process stance just because you are stubborn and combative to the advice of your own counsel. The state can only protect you from yourself to a certain extent, after that you're on your own in the bed you've made.
I dont know where you got that my lawyer told me to do one thing. He didnt tell me to plea to burglary. The pros. did. The lawyer never offered any kind of opinion or input. Matter of fact he helped convince me that I was guilty of confinement. He wrote up the plea. He didnt give me ANY advice at all. At all. All he did was show up to my court dates and do the technical crap. He was supposed to tell me confinement means sex offender. And this was a paid lawyer not a court appointed one. I dont need the court to appoint me a lawyer. Im just trying to figure out what grounds to retract my plea and plea to burglary. You guys are trying to convince me to not fight this and trying to convince me the law is right by labeling me a sex offender. It aint going to work Im gonna fight this sh** cuz were theres a will theres a way.
Good luck with that.
Actually this is a completely different scenario. I am not using any defense I took a plea. But the wrong plea because of inadequate counsel. The court slash pros. knows I commited confinement as well but that is the nature of the plea agreement-if a person admits responsibility they will drop some of the charges and let you plea to one. There is no defense Im just trying to retract my plea based on inadequate counsel. That way maybe I can plea to attempted burglary instead. I know the pros. won't have any objections.