To Whom It May Concern:
On April 13, 2005 I was the passenger in a motor vehicle “hit-and-run” accident. The driver of the vehicle was driving through a mobile home park when he went off the road and crashed into a parked vehicle. After the vehicles collided, the driver then left the scene of the accident while I was in the passenger seat. After this occurred, the driver then asked me to not report the accident through his fear of the repercussions of committing such a crime. The vehicle he was driving is registered in my mother’s name. 3 days later someone reported the license plates of this vehicle to the Police Department. The police then came to my home and arrested me with the charge of “leaving the scene of an accident”.
After being arrested I remained silent until I could retain the services of an attorney. I explained to my attorney that I was not driving the vehicle and gave him the name of the driver. The driver was then subpoenaed to go to court as a witness in my defense. On the date of the hearing, he was present and willing to testify that he was the driver. My attorney then had a conference with the prosecutor and explained that the actual driver was willing to testify. My attorney then came back to me and offered to have the charge amended from “leaving the scene of an accident” to “criminal mischief 3rd degree”. I was ignorant of the legal system and did not fully understand the charges against me. I accepted this charge and the case was closed. During this time, the actual driver of the vehicle was never charged with the crime, he was never asked to speak to the court, and his name was never given to the prosecution.
I am now being sued for over 5,000 dollars in vehicle damages and faced with a 6 month jail term that is probated for 2 years. I believe that I have been victimized (wrongly accused) by this crime that I did not commit. This crime occurred in the state of Kentucky.
KRS512.040 Criminal mischief in the third degree states: A person is guilty of criminal mischief in the third degree when: a person intentionally or wantonly defaces, destroys or damages property; or, he tampers with property so as knowingly to endanger the person or property of another.
It is my understanding that my attorney coerced me into signing this plea bargain without consideration for justice on my part. Since I was the passenger of the vehicle, I was not responsible for the damage done in the accident. Therefore, this charge does not seem to apply to me. I need to know if there is any way that this case can be taken back to court for a possible trial by jury. This situation has already brought much stress to me mentally and financially. Any help in this matter would be greatly appreciated.

