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S. Huband, Esq.
S. Huband, Esq., Attorney
Category: Criminal Law
Satisfied Customers: 1628
Experience:  Experienced and knowledgeable criminal defense attorney.
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Xxxxx I was detained at Dartmouth House of Correction

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My name is ***** ***** I was detained at Dartmouth House of Correction approx. 3-4 yrs ago in MA....My Father came to the jail...paid my 500$ bail....I was NOT released...I was kept in jail another for days after my father paid my bail...I was taken to Attleboro Court in MA....My court appointed attorney advised me to go back to Dartmouth jail..."he believed we could win this case." Why were my rights violated upon payment of bail....I then had POOR Public Defense. In fear of more jail time...I plead out to something i was NOT guilty of....Then the Judge agreed to my plea. The Judge sentenced me to a first and second offender oui program.....
Submitted: 1 year ago.
Category: Criminal Law
Expert:  S. Huband, Esq. replied 1 year ago.
Thank you for the opportunity to assist you. I'm sorry for what you've been through.
I have to bring you bad news about your case, Karen. Keep in mind that my job is to give you the most accurate assessment of the legal issues you've raised, not just say something positive that you might want to hear. I hope you won't hold that against me when you decide to rate my answer positively.
Q) Why were my rights violated upon payment of bail?
It's difficult to know why this happened. You're correct that, assuming you were not being held for some reason OTHER than the charge for which you posted bail, you should have been released if your dad satisfied the conditions of bail. Potentially, you could have a lawsuit against the jail for violating your civil rights by holding you after you were legally entitled to be out.
The problem may be that this happened 3 or 4 years ago. You should seek legal advice from a civil rights attorney in your area to determine whether or not you have a case to pursue against the jail. But, it's likely that the statute of limitations has run and it's too late to file such a lawsuit.
Q) I plead out to something I was NOT guilty of.
There are a lot of reasons people accept a plea bargain. One of the most common is the fear of being convicted anyway and getting a worse punishment than the plea bargain offers.
As for your lawyer being deficient, it's possible you could file to set aside your conviction or for you to have a new trial based on your lawyer's constitutionally ineffective assistance at trial. Since this happened 3 to 4 years ago, though, it may be too late to file these motions. Seek legal advice from a criminal defense attorney in your area to determine what your best options are.
Keep in mind that, even if you "win" either of these latter motions, you get a new TRIAL, you don't get the charge(s) automatically dismissed. That's the remedy here. If successful, that just puts you back to the position you were in before you resolved these cases by pleading guilty. Do you want to go through this all over again?
I'm sorry I had to bring you bad news. I do hope my response has been helpful in understanding why. If you have follow-up questions or concerns on this topic, please ask. I'll get back to you as quickly as I can, although I may not be online at the moment you respond.
Otherwise, I hope you will rate my answer positively as that is the ONLY way I receive credit for my work, and doing so will NOT cost you an additional fee.
Best wishes to you,
Shuband
Expert:  S. Huband, Esq. replied 1 year ago.
Hello there,
I'm writing to follow up on your question. Did you get a chance to review my answer to your question? I hope I've been hopeful to you.
If you need clarification about my answer, please ask. Otherwise, please let me know what else I can do, if anything, to earn a positive rating from you.
Thanks again for using our service!
Shuband

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