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Michael J, Esq.
Michael J, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 2949
Experience:  Licensed Missisippi Attorney; Criminal Law, Family Law, Personal Injury, and Civil Defense
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I am currently on deffered adj. probation 4 year term. originaly

Customer Question

I am currently on deffered adj. probation 4 year term. originaly the prosecutor wanted me to take contributing to a minor but, come time for plea bargain wanted me to take endangering a child abandonment. i told the prosecutor no i will not accept doing 4 years she then told me in front of my lawyer you just do 16 months and do good and i will let you off. well i have completed my 16 months and have exceeded their expectations. i hired a lawyer for a probation review my po told the judge i have done excellent and had nothing else for me to do and thought i should be off . the judge denied me saying i didnt seem to have remorse for the victim, when i was never even asked what i felt for the victim. my question is since i was lied to by the prosecutor what can i hire a good lawyer to do to get me off probation i am highly pissed about this situation and i will take some type of legal action. what are my options money is not much of a concern i only want what was promised to me.
Submitted: 3 years ago.
Category: Criminal Law
Expert:  Michael J, Esq. replied 3 years ago.

Michael J, Esq. :

Hello - Thank you for contacting JustAnswer. My name is Michael; I look forward to helping you with your criminal problem today.

Michael J, Esq. :

I'm sorry to hear about your situation. Was the 16 months part of the plea bargain?

Customer :

it was not in the paperwork it did say to have all fines paid by a third of your time. i paid in full at fist visit it was more of a mutual agreement in the courtroom between my lawyer myself and prosecutor before i accepted. iknow it would be better to be on paper but it was still promised to me in the courtroom

Michael J, Esq. :

What was the amount of time agreed to on paper?

Customer :

4 years deffered adj, but i know of people getting 10 years defferd and getting off in 2 years

Michael J, Esq. :

Thanks. Unfortunately, the time on paper is the only thing you can hold the prosecutor accountable for. It does not matter what he says, only what you plea to. If you plead to 4 years probation, the only way you can get off is, as you said, having the judge approve it. There is nothing you can do to the prosecutor, regardless of what he said. If you don't agree with my assessment, you're welcome to consult a local attorney, but he/she is going to tell you the same thing.

Michael J, Esq. :

I'm sorry if this isn't what you wanted to hear, but I can only relate the law as I know it.

Michael J, Esq. :

Is there anything else I can help you with?

Customer :

what about getting it throwed out of that court i have enough money to get things done what can i do

Michael J, Esq. :

To get the guilty plea thrown out, you would have to prove that it was not "intelligently, freely, and voluntarily" given. You could argue that the guilty plea was not freely given because it was based on a promise from the prosecutor.

Michael J, Esq. :

This has a slim chance of succeeding, because the prosecutor will likely say he did not make a promise to you.

Michael J, Esq. :

But, if you have the money to burn, it's worth a shot to hire an attorney.

Customer :

i will be getting a different lawyer could we call my lawyer to the stand and get him to testify that she did promise this and in front of a different judge

Michael J, Esq. :

Yes, that would be exactly what you would need to do.

Customer :

do you think i would have a better chance of getting a better lawyer to do a more aggressive probation review or going the route we were just talking and do you know of a dang good lawyer around east texas

Michael J, Esq. :

Like I said before, getting the guilty plea overturned is slim-to-none. You have a better chance of going the other route.

Michael J, Esq. :

As far as the attorney goes, we aren't able to make recommendations like that per JustAnswer's rules. I'm sorry about that.

Michael J, Esq. :

I suggest contacting the Texas Bar Association and asking for a referral for a probation review attorney.

Michael J, Esq. :

I hope this helps!

Michael J, Esq. :

I wish you the best of luck in 2011! Don't forget to press ACCEPT if my Answer was helpful. If you need me to clarify my Answer or ask a follow up question, just ask! My goal is to provide an outstanding Answer, so give me a chance.


Regards,


Michael

Customer :

if i did take the route of the fake promise and the judge sided with me what would happen as far as my probation

Michael J, Esq. :

The plea would be withdrawn and you'd have to make a deal over again or go to trial.

Customer :

they wouldnt take the time ive already completed into consideration and just cancel it out

Michael J, Esq. :

Yes, that would be a consideration. It would be up to the Judge/prosecutor.

Michael J, Esq. :

Is there anything else I can help you with?

Customer :

can my probation give me a review through their supervisor after the judge denied me if so how long after

Michael J, Esq. :

No, the Judge is going to have to authorize the change, since he is the one who made the order.

Michael J, Esq. :

I believe I have answered your questions and answered reasonable follow up questions, so I'll move on to another customer now.

Michael J, Esq. :

I hope this helps, and I appreciate the ACCEPT if I was helpful. :) Thanks again.

Expert:  Michael J, Esq. replied 3 years ago.
What Happens Now?

If you have already received a satisfactory answer to your question, click the Accept button above. Experts are credited for each accepted answer they provide.

Thanks,

Michael


Edited by Michael J, Esq. on 2/2/2011 at 1:05 AM EST

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Michael J, Esq.
Michael J, Esq.
Criminal Lawyer
2949 Satisfied Customers
Licensed Missisippi Attorney; Criminal Law, Family Law, Personal Injury, and Civil Defense