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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 22176
Experience:  Handle criminal matters in both state and federal courts.
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This question includes criminal law but I believe its more

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This question includes criminal law but I believe it's more along the lines of legal malpractice. And unfortunately it will take me a little longer than usual to explain.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Samuel II replied 1 year ago.

Hello

My name is XXXXX XXXXX I look forward to discussing this and providing you information in this regard

Please tell me what the information is

Customer: replied 1 year ago.

a couple of my friends, say Sandra and José, moved to Utah a few years ago. Back in June they were both arrested after their apartment was raided and evidence of drug use was discovered. Sandra had a young daughter was placed in foster care. At the end of August both signed plea agreements where they were due to be sentenced about 30 days later . This is where the problems actually start. On the day of sentencing their attorneys told them or "reminded" them of the other agreements. The terms of their agreement were grossly different. Sandra for one believed she signed up for probation and that a first-degree felony, possession with intent to distribute, was dropped and she was going to plead guilty simple possession and child endangerment. The attorney said she couldn't prove it. But I believe we can. The child tested dirty for methamphetamine in her system. But the child was being seen by a physician who had prescribed amphetamines for behavioral problem. The attorneys for both Sandra and José never informed the court of this fact and the judge, believing the child had drugs in her system because of her parents gave them very harsh sentences which they are serving right now. Is there anything I can do?I was the one who sent registered overnight mail to the attorneys informing them of the facts with regards XXXXX XXXXX daughter. There are many details but I am trying to keep this as short as possible. Thank you

Expert:  Samuel II replied 1 year ago.

Hello

Thank you and I am sorry to hear of this matter.

So you are accussing the attorney of not telling Sandra the truth about the plea that was arranged and also that the judge was not informed the child was on medication that could have distorted the results of the testing?

When they were in court, what plea was presented to Sandra? The one she thought she signed or another?

Customer: replied 1 year ago.

I'm sorry i'm just having a little trouble with my computer


 

Expert:  Samuel II replied 1 year ago.

Hi

Tha's fine. Take your time, please.

Customer: replied 1 year ago.

Hi, it doesn't look like you got my last posting.
I pretty much answered "yes" to your summary of my situation. I also answered that on the day of sentencing Sandra was presented with a different agreement than what she had signed. She even told her attorney she remembered the exact pen and the blue ink she used when she signed.

I don't type very well, so I used "Dragon NaturallySpeaking"and transferred the text to the reply box in the Just Answer webpage.
Anyway, it wasn't working earlier and I apologize..... But don't worry I'm one of those premium members AND I paid the deposit like a first-time user because this issue is very important to me.

Expert:  Samuel II replied 1 year ago.

Hello

Correct. I am only now seeing your response.

If she took a plea, then she cannot appeal. She will need to file a Post Conviction requesting that that that matter be heard based on ineffective counsel. In turn, this is something that can be filed as a grievance with the Utah Bar Association.

On the Post Conviction, a memorandum of law is going to be necessary and this involves case law research to show the courts where this matter should be remanded back to the courts because the lawyer perpetrated fraud on his client.

The grievance with the Bar Association can be filed simultaneously.


I hope that this information is helpful. If you need further information, please just send me a reply asking for clarification. After that, I hope you will enter a positive rating so that I will be credited for assisting you. Thanks again for using this service. Your business is appreciated.

Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 22176
Experience: Handle criminal matters in both state and federal courts.
Samuel II and 12 other Criminal Law Specialists are ready to help you

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