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I pleaded guity to an assault charge that I didn't do now I want to resind the plea I never toched the girland I didn't understand the way the court system worked please let me know what I can do -- I no longer can get my job back because of this please help me as I so confused now. they want me to go back to court for sentencing
State/Country relating to Question: New York Already Tried: nothing I am at a loss as I didnt understand what was going to happen Is there any way of writing a letter explaining that I plead guilty when I shouldn't have I have togo back to court Nov 16th for sentencing
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the lawyer that represented me is divorce attorney he never does casesin criminal court i am currently in IDV with him he did say I should say I should wait for another court date and didn't think i should of pleaded guilty after I did it. I acted irrational because I was nervous, paniced and didn't really understand what was going to happen I thought I was going to get charged with a mistermeanor but not with assualt attached to it. Now he really does know what he can do as I stated earlier he is really a divorcee lawyer please help me as I can advise him what to do
Sorry for the delay. I was assisting another customer. I am double checking my answer for you and I'll be right back with you.
Thanks for your patience.
if you can't help me please ask someone else to assist you I getting really nervous waiting for you reply
In order for you to withdraw your guilty plea, your attorney needs to file a Motion to Vacate Guilty Plea.
Valid guilty pleas have three basic elements. The court accepting the plea must have jurisdiction. The defendant must be competent to make the decision to plead guilty. Due process requires that the decision be voluntary and reasonably well-informed.
Below is a VERY good article that explains the elements that must be satisfied for a guilty plea to be accepted. ALL ELEMENTS have to be in place for a plea to be accepted.Read more: http://law.jrank.org/pages/1277/Guilty-Plea-Accepting-Plea-elements-guilty-pleas.html#ixzz0TMkPpOTV
If you didn't understand your rights, or the consequences of your plea, the judge may allow you to withdraw it. However, just because you are afraid of the sentence will not allow you to withdraw the plea.
Also, if you were SO nervous that you didn't understand the rights that you were giving up when by pleading guilty, or you were forced, threatened or coereced to enter the plea, you have a shot. Also, maybe you didn't understand the plea bargain (if there was one) or any sentence recommendation (if there was one)
Sometimes, a judge would rather allow you to withdraw your plea and proceed to trial than have you appeal his/her acceptance of your original guilty plea. It is in the interest of justice that given your circumstances you should be allowed to withdraw the plea.
Below is a VERY GOOD article that explains what is necessary for a judge to know and that a defendant must relate for a guilty plea to be accepted.
http://law.jrank.org/pages/1277/Guilty-Plea-Accepting-Plea-elements-guilty-pleas.html
Your attorney needs to do the Motion to Vacate Guilty Plea ASAP!!!! The closer it gets to sentencing, the harder it will be.
GOOD LUCK!!! I think you will do fine!
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20+ yrs in criminal, landlord/tenant, family, & small claims