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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 24423
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I recently entered a plea bargain DUI case a suspended

Customer Question

I recently entered a plea bargain for a DUI case a suspended sentence with unsupervised probation for 12 months also i was convicted of a probation violation for my 9096 and also received a deferred prosecution for 12 months. I was told i would receive 6 months probation and still have my license. However now after i just received my associates degree, have a child on the way, and currently work full time i have no license. I was wondering if you could offer me any legal assistance or inform me of any actions I can take on possibly taking this criminal case to trial due to multiple issues with court proceedings and the arrest.
Submitted: 1 year ago.
Category: Criminal Law
Customer: replied 1 year ago.
I have more details regarding the case and files i can upload sometime tomorrow in terms of the actual arrest itself.
Expert:  Zoey_ JD replied 1 year ago.

Hello,

It would appear that you not only took a plea of guilty to these charges but you've already been sentenced. Is that correct or do you still have to return on your sentencing date?

Customer: replied 11 months ago.
I have already been sentenced
Expert:  Zoey_ JD replied 11 months ago.

Thanks for the reply.

It's very difficult to take a plea back after you've been sentenced. That's because the judge asks questions on the record to try to make that plea airtight to make sure you knew what you were doing when you took the plea. And those questions and your answers are on the court record and could be used against you if you tried to take your plea back.

If you feel that your attorney failed to properly advise you as to all of your choices and it is still within 30 days of your sentencing, you can have an attorney file a notice of appeal and try to overturn your conviction on the basis of ineffective assistance of counsel. Alternatively, you could have a post-conviction attorney petition the judge to overturn your conviction in that your lawyer failed to advise you properly and grant you a trial opportunity.

Post-conviction remedies, in general, have a very low probability of success. Further, if you do succeed and a trial is granted, you will face certain jail time if you lose and you will still have a suspended driver's license.

Your state offers a hardship license. That may be preferable to risking jail time, assuming you could get a judge to agree to reopen your case and grant you a trial.