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  1. #1

    Default Can I Get My Guilty Plea Reversed if the Victim Says She Lied

    My question involves criminal law for the state of: Missouri

    Bear with me for a moment while I give you some back story.

    In April of 2009, while I was 19, my girlfriend and I were residing at my father's house. She has a significant history of mental illness, bi-polar, and other issues. We had a verbal disagreement and she slapped me on the back while I was sitting at my computer desk. I told her to get her stuff and leave. She ran into the kitchen and said she was going to kill me, and went for the drawer where we kept the kitchen knives. I pushed her back towards the living room, and she took a seat on one side of the room. I sat on the opposite side of the room on the couch. After asking her to get her stuff and leave again, she threw several items at me and ran towards the kitchen again. I grabbed her and held her down. While reaching for the phone, she got up and ran out the front door. I immediately called 911, and gave them my report of the incident.

    A cruiser picked her up about 15 minutes later, and then came by the house for my statement. I did not know at the time, but she had told the officer that I had attacked her and that she would like to press charges. Unfortunately, I chose not to and simply asked they remove her from the property. Fast forward a few months, I received a summons. I was arraigned and charged with Domestic Assault 3rd. I was represented by a local lawyer that was familiar with the prosecutor and the local court.

    A few weeks later my lawyer informed me that there was a warrant issued for me from a county about 40 miles south, where my ex's hometown was. She had gone to the police and reported that I had written her an email threatening to kill her if she did not drop the initial charges, and that she had seen me stalking her one morning several days earlier. She had logged into my email account and sent herself the email. I did not, and I had witnesses willing to testify that I was not in the area the day she claimed I had stalked her.

    My lawyer advised me to stay out of trouble, and wait to turn myself in the day of my court date. I did so, and was charged with Witness Tampering. I stayed one night in county on $15,000 bond because the judge would not grant me a surety bond until the next day. After I was out, I met with a second lawyer that was suppose to be more familiar with the prosecutor and court in the county where the 2nd charges were based. I suggested subpoenaing Google for the IP records to prove that the email came from her computer, not mine. My lawyer also wanted my friend's mother, whom I was living with at the time, to fill out a statement and return it with me on my 2nd court date.

    On the day of my hearing, I had brought a witness with me as per my lawyer's request, and the statement from my friend's mother. My lawyer threw the statement out, and did not utilize the witness. He also did not attempt to subpoena the IP records. However, he had made a plea bargain with the prosecutor for a SIS with 2 years supervised probation and anger management. He gave me the option of either accepting the plea, or attempting to fight it, but did not think we could win. Obviously, I chose the plea, which was a mistake in hindsight, but we were broke and could not afford to drag out the issue.

    Unknowingly, I plead guilty to witness tampering towards the victim from the charge in my home county. My local lawyer informed me that this automatically made me guilty in the first case, as my ex was named as a victim. He worked me a plea bargain for 3rd Degree Assault with no domestic, and suggested I accept. I did.



    Now, over the past 4 years, my ex has sent me numerous Facebook requests, emails, e-cards, etc. She has even emailed me pictures of two children that she claims are my sons, even though the time line does not fit. The had to have been conceived after all of the court issues. In numerous emails, she has apologized for what she did, and said that it was all a lie. I have not responded to ANY of them, but have collected them. Is there ANY way I can use these admissions to reverse, or nullify any of the charges?

    It wouldn't be a huge issue, but I would very much so like to join the Army. Unfortunately the Criminal Investigation Department does not care about what you were convicted of, only what you were charged with. Since I was charged with Domestic Assault 3rd, I most likely am completely ineligible. Even if I may get in, I would require a waiver, which they are not currently granting.

    So is there any way to get this fixed? Thank you for your time, and sorry for the long story.

  2. #2
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    Default Re: Can I Get My Guilty Plea Reversed if the Victim Says She Lied

    In court you were sworn in and, while under oath, confessed to facts sufficient to support a conviction for assault. More than four years have passed. Overturning a conviction under those facts would be both difficult and unlikely. If you wish to try to proceed, I suggest retaining a lawyer to review the court record and facts of your case and advise you about your prospects.

  3. #3

    Default Re: Can I Get My Guilty Plea Reversed if the Victim Says She Lied

    I was never sworn in. My lawyer told me my options were either to take the plea bargain, or go to trial and lose. Simple as that. I stood before the judge, the prosecutor read the plea charges, and the judge asked me how I plead. I said guilty, sentence was read, and I walked out. That's all there was too it.

    The most recent thing she sent me was a letter completely stating that all of the charges and police reports were lies, and that she would testify that it was all false if need be to fix the damages she caused.

  4. #4
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    Default Re: Can I Get My Guilty Plea Reversed if the Victim Says She Lied

    If she has such a guilt issues, she needs to contact the prosecutor. She also needs to realize that she could spend some time in jail for filing a false report (if the statute of limitations has not expired).

  5. #5
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    Default Re: Can I Get My Guilty Plea Reversed if the Victim Says She Lied

    Quote Quoting Gokussj5okazu
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    I was never sworn in. My lawyer told me my options were either to take the plea bargain, or go to trial and lose. Simple as that. I stood before the judge, the prosecutor read the plea charges, and the judge asked me how I plead. I said guilty, sentence was read, and I walked out. That's all there was too it.
    Then, assuming you have not waited too long to do so, you can discuss with your lawyer the possibility of challenging the validity of your plea. See Missouri Rules of Criminal Procedure, Rule 24.04(e), "The court shall not enter a judgment upon a plea of guilty unless it determines that there is a factual basis for the plea.".

  6. #6

    Default Re: Can I Get My Guilty Plea Reversed if the Victim Says She Lied

    Quote Quoting Mr. Knowitall
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    Then, assuming you have not waited too long to do so, you can discuss with your lawyer the possibility of challenging the validity of your plea. See Missouri Rules of Criminal Procedure, Rule 24.04(e), "The court shall not enter a judgment upon a plea of guilty unless it determines that there is a factual basis for the plea.".
    Thanks. Can you elaborate on the factual basis reference? Not 100% sure I understand. What would indicate a non-factual basis occurred? Just trying to understand the jargon.

  7. #7
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    Default Re: Can I Get My Guilty Plea Reversed if the Victim Says She Lied


  8. #8

    Default Re: Can I Get My Guilty Plea Reversed if the Victim Says She Lied

    Ah ok I think I understand now. Since no inquiries where made as to my understanding of the plea, or whether or not I agreed, there may have been no factual basis. Thanks again, I'll meet with my lawyer tomorrow and discuss this.

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