How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Lucy, Esq. Your Own Question

Lucy, Esq.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 20117
Experience:  Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
26798026
Type Your Criminal Law Question Here...
Lucy, Esq. is online now
A new question is answered every 9 seconds

I got a speeding ticket for 69 in a 60. I went to court, spoke

Customer Question

I got a speeding ticket for 69 in a 60. I went to court, spoke to a prosecutor, discussed my situation on that day. I was passing another car in a 60 mph zone. He then told me the law was you may not exceed the speed limit even while passing. he then basically told me my only options were to sign his agreement to pay 135 under 6 months no same/similar and keep it off my record or go to court and lose (is what is basically inferred). so I signed not knowing how else to proceed. the very next day I found a driver's manual stating a law passed in 2009 stating that on a 2 lane highway (which is what I was on) in a 55mph zone or higher the limit is increased by 10 when passing going the same direction. I was furious. since I signed that plea, am I screwed? what can I do? I haven't paid any of the fine yet and am planning to visit the courthouse tomorrow. please advise. thank you
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Lucy, Esq. replied 4 years ago.
Hi,

My name is XXXXX XXXXX I'd be happy to answer your questions today. You can file a Motion to Withdraw your guilty plea on the grounds that withdrawal is "necessary to correct a manifest injustice." The way that you show that is to show that the plea was not entered knowingly and voluntarily. You can also allege prosecutorial misconduct, because the DA misinformed you as to the law. This case should be helpful.

I found a copy of the Motion for Hennepin County, however, you should be able to alter for other counties. According to the court's website, the fine needs to be paid before you can withdraw the plea. You also have to serve it on the DA's office.
Customer: replied 4 years ago.
Thanks, XXXXX XXXXX helpful so far. The county I was in is "Anoka" county. I don't know if you can find anything for that or not or if that helps any. I am not very good with knowing exactly where to go or do in the court house so as much as you could help me out would be appreciated. should I start at the probation office? that is where I was last time right before I left. I have to pay the fine before withdrawing my plea? how would that work? would they give me a refund, would I have to go back to court to plead not guilty? I am kind of confused, sorry. is that prosecutorial misconduct against the DA a seperate thing? or part of my withdrawal motion? is the DAs office is the court house typically? sorry for the questions, I just want to make sure I am prepared for tomorrow when I go in.
Expert:  Lucy, Esq. replied 4 years ago.
There's no need to visit the courthouse until you prepare the motion. The probation office wouldn't be able to help you withdraw the plea. The motion is filed at the Criminal Clerk's office, once you've followed the instructions on the form for serving it on the DA.

The procedure should be the same in Anoka County - just change the location information on the form to match the courthouse you were in.

You can find information on the DA's Office here.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
< Last | Next >
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RE/retiredlawyer/2012-6-6_19326_franL.64x64.jpg Fran L.'s Avatar

    Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2079
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/NA/nathanmoorelaw/2011-5-31_21375_headshotbig.64x64.jpg Nate's Avatar

    Nate

    Lawyer

    Satisfied Customers:

    1625
    Over 10 years of criminal defense practice.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Lawyer

    Satisfied Customers:

    1434
    30 years legal experience
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    1418
    16 yrs. of experience including criminal law.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    1380
    Licensed attorney with 27 yrs. exp. in criminal law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Lawyer

    Satisfied Customers:

    1300
    Experienced in multiple areas of the law.