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Hammer O'Justice
Hammer O'Justice, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 4003
Experience:  9 years legal experience, primarily in criminal justice
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I have entered a plea of no contest and have since found out

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I have entered a plea of no contest and have since found out that my attorney, who has made comments that have assured me that she believes I'm guilty, did not interview witnesses and other victims of the same internet scam I was a victim of and am now being charged with uttering over. She has used vulgar language when I asked her to withdraw from my case and has yelled at me and continuously interrupted me when trying to explain to her my situation. She keeps repeating the same thing over and over again as if she is not hearing anything I am telling her. I believe that she has behaved in a negligent manner and did not fulfill her fiduciary duty to me and my case. I have since retained a new attorney but I am scheduled to go to my sentencing hearing on Feb 2nd. I want to withdraw my plea because I dont feel I was well represented before making that decision. I think more could have been done.
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Hammer O'Justice replied 5 years ago.
Hello. What is it that you would like me to help you with?
Customer: replied 5 years ago.
How do I go about requesting that I rescind my guilty plea at this point and ask for my current counsel to be dismissed? What are the probabilities that the judge will allow me to dismiss counsel this far into the "game" when my sentencing hearing is on Monday, February 2nd?
Expert:  Hammer O'Justice replied 5 years ago.
If you have retained a new attorney, the attorney just needs to show up and substitute his/her name for the other attorney's name as counsel. Your new attorney can make a motion on your behalf to withdraw the guilty plea. Given all the information about your previous attorney's poor performance, the judge should allow it. Before you go into court, if you haven't yet, make a list of the times you have tried to contact your attorney and the results, and if you have any paperwork bring that with you as well. That way you (or your lawyer) can give the judge a clear picture of exactly what went on.

Also, I would suggest that you report your attorney to the Wisconsin Office of Lawyer Regulation. It sounds like your attorney violated the Rules of Professional Conduct, based on the information you have provided, so you can file a complaint. Here is the information in order for you to file a complaint:
http://www.wicourts.gov/services/public/lawyerreg/file.htm

Hope this helps.

Customer: replied 5 years ago.
My new attorney cannot be there as he has a prior court appearance on that same day. My Public Defender intends to show up for the court appearance on Monday. I have told her I would like to dismiss her as my counsel but I do not think it has set in. Im not sure what is going to happen when I appear in court. Do I tell the judge that I would like to dismiss my public defender and give the reasons and tell him that I have retained new counself that cannot be there for the hearing? This is a sentencing hearing so Im not sure what to do.
Expert:  Hammer O'Justice replied 5 years ago.
Well, you can make the motion to withdraw your plea and to discharge your counsel by yourself, or you can ask to postpone the sentencing until your new counsel can be there to make the motion to withdraw on your behalf. Let the judge know you have a new lawyer who you've retained to represent you but that that lawyer can't be in court with you that day due to his appearing in another court. Express to the judge that you would rather wait until your new attorney can be there to make the motion on your behalf but if the judge won't grant the continuance you are still making a motion to withdraw the plea (because once you have been sentenced it becomes a lot harder to withdraw).
Hammer O'Justice, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 4003
Experience: 9 years legal experience, primarily in criminal justice
Hammer O'Justice and 5 other Criminal Law Specialists are ready to help you

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