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Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
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Experience:  Lawyer
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I told my lawyer in the back of the courtroom that I would

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I told my lawyer in the back of the courtroom that I would not plead guilty to the reckless driving unless she and the prosecutor assured me that there would be no revocation of the other case( Public intoxication.) I had had prior to this case. Here is the entry on the Court's Chronological Case Summary .Is this language correct or did she pull one over on me. Date5/21/2013 State by (prosecutors name) Defendant in person with(Lawyers name) for plea hearing. Signed Misdemeanor Written Advisement filed. Written Plea Agreement filed 4/15/13. Parties did add an Amendment to Written Plea as follows: State agrees not to file a PTR in 34D03-1103-........ Parties stipulate as to Affidavit for Probable Cause as to Ct.IV. Defendant withdraws plea of not Guilty and enters a plea of Guilty to Ct. IV. State moves to dismiss CTS.I and III Dismissed. Factual basis. Convicted. Sentence in CT.IV. pursuant to written plea: 180 Days HCCJC(Howard county criminal justice Center),10 Days Executed, balance suspended , time satisfied (5/4/2012-5/8/2012). Defendant placed on 180 Days IHD with good time credit, As a term of probation. Report today. Defendant to pay $135.00 Restitution to St. Joseph Hospital. State to file order. Court cost $166.00 PD fee waived. Clerk to remove $100.00 PD fee. Fees and costs from bond. Bond ordered released subject to payment of fees and cost with balance to IHD office, per Defense request. Judgment on finding jh The BMV is ordered to reinstate the defendant's driving privileges effective immediately in this cause of action. Further , the BMV is hereby ordered to expunge any and all reference of this offense and any reference to chemical test failure from the defendants driving record. All as per Written Order. Does all this sound right legally?What does " factual basis." mean in this context. Is there anything that sounds fishy to you with this. Sorry to say I don't trust her . she lied to me a couple of times.
Submitted: 2 years ago.
Category: Legal
Expert:  Lucy, Esq. replied 2 years ago.

My name is XXXXX XXXXX I'd be happy to answer your questions today.

What do you mean by no revocation of the other case? Do you mean that you were on probation or parole for another case, and you want to make sure that this guilty plea won't affect it?

Also, I see references to Counts I, III and IV. Was Count II previously dismissed?
Customer: replied 2 years ago.


Expert:  Lucy, Esq. replied 2 years ago.
In that case, what you would want to look at is not the docket, but the plea agreement itself. The docket is outlining the relevant terms of the deal with regard to this case, but whether your probation is violated doesn't have to do with the disposition of this case. There should be something in the signed agreement that says that your probation on the prior charge will be allowed to continue. But if you're asking if there is something in the text you posted that stops them from violating your probation, no there isn't.

As far as factual basis goes, the Constitution requires that a person only be convicted where there are facts sufficient to prove beyond a reasonable doubt that a crime was committed. That means that, when a person pleads guilty, he has to admit sufficient facts to provide a factual basis for the guilty plea. Often, that means that the prosecutor reads a statement about what they say happen, and the judge looks at you and says, "Is that what happened?" If the defendant agrees, the judge finds that there is a factual basis to find the person guilty, which means that the plea is valid.

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 23606
Experience: Lawyer
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