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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111567
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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IF SOMEONE PLEA BARGAIN IN THEIR HEARING AND TOOK JAIL

Customer Question

IF SOMEONE PLEA BARGAIN IN THEIR HEARING AND TOOK JAIL SENTENCE. IT HAS BEEN OVER 14 DAYS BUT THEY WANT NOW TO FILE A MOTION TO WITHDRAW THE PLEA AND GO TO TRAIL, BASE ON THE FACT THEIR COUNCIL DID NOT DO AN ADEQUATE JOB PREPARING THEIR CASE TO GO TO TRIAL. BOT***** *****NE THEIR LAWYER DID NOT AN GOOD JOB REPRESENTING THIS CLIENT. PERSON WANT AN OPPORTUNITY TO SEEK NEW COUNCIL TO FILE AN MOTION TO GO TO TRIAL.
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Ineffective assistance of counsel to failure to properly negotiate or inform the client about the effects of the plea bargain is a basis to file a motion to vacate the plea at any time before final sentencing within the time period specified. It requires the defendant to actually have counsel to file the motion to explain what the previous attorney did and how it was improper. If you prove this then the court will allow the plea to be vacated. If you are beyond the time of sentencing set by the court, then you need to file a "motion for post conviction relief" and again as the court the same thing in that motion, to vacate the plea based on ineffective assistance of counsel. No matter what the defendant needs another attorney to file this motion since it involves ineffective assistance claims.

Customer: replied 1 year ago.
Excellent, would like know if you can recommend any top rated criminal attorney in Conway S.C , thank you.
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

We cannot make personal referrals I am afraid, but you can find quality lawyers at the same sites used by other attorneys, http://www.hg.org or http://www.superlawyers.com and those sites have peer reviewed attorneys that can assist.