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Ask Dave Kennett Your Own Question

Dave Kennett
Dave Kennett, Lawyer (JD)
Category: Legal
Satisfied Customers: 27685
Experience:  25 years experience in general law, including real estate, criminal, traffic, and domestic relations
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Can you overturn a plea bargain

Customer Question

Can you overturn a plea bargain
Submitted: 5 years ago.
Category: Legal
Expert:  Dave Kennett replied 5 years ago.
HiCustomer Thank you for asking your question on JustAnswer. The other Experts and I are working on your answer. By the way, it would help us to know:
Please provide some more information as to what situation you are in and what it is that you are attempting to achieve.

Thank you again for trusting us with your problem. Please reply as soon as possible so that we can finish answering your question.
Customer: replied 5 years ago.
I was arrested in October 2007 for assault with a deadly weapon. I never used the weapon on her. The accuser dropped the charges but the DA went forth and offered me a deffered adjudication. I was deployed to Iraq and my lawyer basically told me that was the best option. He neglected to tell me the negatives of taken that deal. The accuser moved back to California and would not have been at the trial. Come to find out the lawyer i hired all he does is plea. In researching online the courts love this plea because they make more money from this. I feel as though my lawyer was of no help. I have pictures of where she hit me and where the bruise of the knife was on my thigh. I had no intention of using it, she came at me when i was using the knife. I am in the US Army and I need this to be off my record. Even my probation officer said I had mis representation. Is there anything i can do?
Expert:  Dave Kennett replied 5 years ago.

Since this has been so long it is doubtful you will be successful however you can make a motion to withdraw the plea based on ineffective assistance of counsel and ask for a jury trial on the merits. The courts generally will not grant the motion to withdraw after this long so you may have to try to have your record expunged and sealed as a viable alternative. That would at least guard against the possibility that you could lose at trial and be convicted of an even more serious offense.

 

As a side note I want to thank you for the service to our country.

 

David Kennett - JD - Attorney at Law

Dave Kennett, Lawyer (JD)
Category: Legal
Satisfied Customers: 27685
Experience: 25 years experience in general law, including real estate, criminal, traffic, and domestic relations
Dave Kennett and 2 other Legal Specialists are ready to help you
Customer: replied 5 years ago.

It occurred in October 2007 but i plead in court on Feb 5, 2009. Is there a chance now?

Expert:  Dave Kennett replied 5 years ago.

Since you just took the plea yesterday you may have a chance, even though this all took place over a year ago. It certainly is worth a try but be aware that you take the risk of being convicted on the original charge. I know you are saying the evidence is in your favor at this point but trials are unpredictable at best.

 

Dave

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