Criminal Law Questions? Ask a Criminal Lawyer.
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I am sorry to learn of your circumstances.
Can you please clarify what is your actual question that you would like assistance with?
I want to see my kids and over turn this plea agreement so that I don't have probation voilations every time I see them.
What was the month/year of your plea?
I have transcripts and all the five picture the sheriff office has released to me and sheriff report. The demostice voilence happend april 9, 2009. The false arrest on Probation voil Oct. 2009. Writ of hapeas corpus Oct , 2010
I'm sorry but that wasn't my question.
My question was, what was the month/year of your plea?
When you plead guilty to the original offense and was sentenced?
April 6, 2009
Because of the passage of time (in excess of one year), there is no legal basis to seek or obtain having your plea agreement withdrawn.
The doctrine of finality applies. There is no legal mechanism for the plea agreement to be withdrawn at this juncture.
Thus, at this time, you can only comply with the terms of probation to avoid any future consequences.
Further, a writ of habeas corpus is not applicable in your situation because you are not in jail.
I filed an appeal on April 13, 2009 and the court lost it for 3 months. It went appealeate attn. and she stated that every thing was fine and plead gulty to child abbuse april 6, 2009 not domsoetic volence
Only those who are in jail/prison can seek a writ of habeas corpus (that means produce the body of the person from the jail).
One cannot appeal their plea to a crime.
i have made a motion move from plea agreement and was denied
There is no other recourse to pursue.
I understand you would like me to say that you can do x, y, and z and all will go away.
But that is simply not in the cards.
Their answer is I plead guilty and cant change it
At this juncture, their answer is correct. The doctrine of finality applies. The plea stands. It cannot be changed.Good luck and best wishes for better days ahead. I hope that you find this information to be helpful and this answer to be ACCEPTable!
can sue my attoney for false repersention
I do not know what those supposed representations were. But, when there's a guilty plea, there is no grounds for a malpractice claim.
When it comes time to making a guilty plea, it's a matter between the defendant and the judge.
The attorney is not the one pleading guilty -- it's the defendant.
It's the judge who accepts the plea, not the attorney.
It's the judge who sets the sentence, not the attorney.
I was arrested on feb 9, 2009 my attoney told me it was a rock solid case against me on the 13 of Feb. He did not have the police report until the 20 of feb.
Respectfully, XXXXX XXXXX not change any of my earlier answers.