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  1. #1
    Join Date
    Jan 2007
    Posts
    11

    Unhappy Plea deal not honored

    I plead no contest to a grand theft charge which I was not guilty of about 9 months ago. I had a prior for forgery about 8 years ago, so I didn't want to take the chance of being found guilty by a jury. My problem is this - I was told by my attorney that the elements of the plea bargain was I pay back 50,000 restitution and there would be no state prison; a maximum of 1 year in county but no must do jail time. There was a restitution hearing to determine if there was to be any more restitution, but, again, I was told by attorney the hearing would not change the sentence guidelines in the plea, only the amount with a maximum of 118,000. I paid the restitution, and last week the judge in court said 16 months state prison. When my attorney argued that, and even the D.A. agreed with my attorney, the judge then offered 6 months held in county (not sentenced?) which must be done, and then brought before him for probation at that time. The judge said we do this or withdraw the plea. He sent us out of the courtroom; I told my attorney to withdraw my plea. He then came back to me and said the judge changed his mind and would only allow me to do the jail time or state. I was allowed to return home on OR for 2 weeks and then must return. The next day I confronted my lawyer about the plea bargain not being what he told me. He contradicted himself all over the place. Then he told me the judge, in fact, was going to allow me to withdraw my plea and we could go to trial, but he (the attorney) didn't tell me. Now he says he will file a motion to withdraw the plea, but doesn't think the judge will allow it. I don't know what to do. I've paid so much in restitution, and to my attorney, getting another attorney may not be an option. I don't want to go to trial and continue with this in my life (I'm a mother of 2), but I don't want to sit in jail for 6 months either for something I didn't do. Can I have the plea revisited to see what's in the transcript? Will this help? If I was given the wrong information by my attotrney can I appeal the decision? I've got a history of bipolar manic depression, which was happening with my prior, but I've had it under control for all these years by therapy and medicine. My attorney never let me bring that up to the judge regarding the prior, nor any sentencing. I'm a mess. Can you help?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Plea deal not honored

    You can have your lawyer bring the motion to set aside your plea, or you can hire a new lawyer to help you. It isn't something I would suggest doing yourself, due to a very low likelihood of success, but you could try that as well if you choose.

    Judges are used to defendants who try to change their pleas when they don't like their sentences, and aren't very sympathetic.

  3. #3
    Join Date
    Mar 2007
    Location
    Miami, Florida
    Posts
    31

    Default Re: Plea deal not honored

    You can also have a lawyer file a motion to enforce the agreement. Setting it aside may not be beneficial to you if you got a good deal originally.

  4. #4
    Join Date
    Mar 2007
    Location
    Miami, Florida
    Posts
    31

    Default Re: Plea deal not honored

    New reply....read your problem more in depth. If your lawyer misrepresented the offer and you took a plea based on his representation, you may have a legal malpractice claim against him. If the judge said originally on the record when you took this plea that no jail would be imposed, I'd get a copy of the transcript and file a petition for writ of mandamus to the appellate court asking them to enforce the plea as stated by the court.

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